On the agenda: Seguin meeting — data center (Jun 9)

City of Seguin

210 E. Gonzales Street
Seguin TX, 78155

Public
Meeting Agenda
Planning & Zoning Commission

Tuesday, June 9, 2026

5:30 PM

1.

Call To Order

2.

Roll Call

3.

Approval of Minutes

26-239

Approval of the Planning and Zoning Commission Minutes of the May 12,
2026 Regular Meeting.
Attachments:

05.12.26 PZ Mins_draft

4.

Public Hearing and Action Items

a.

ZC 06-26

Public hearing and possible action on a request for a zoning change from
Suburban Residential (S-R) to Commercial (C) for the property located at
3033 N. Austin St., Property ID: 52382, (ZC 06-26).
Attachments:

b.

26-253

Council Chambers

ZC 06 -26 Staff Report & Maps

Public Hearing and possible action on amendments to the City of Seguin's
Unified Development Code Chapters 1, 2, 3, and 7 (Definitions) to
establish a new type of zoning permit to be identified as a Conditional Use
Permit, and to add general provisions, processes, and regulations for
Conditional Use Permits.
Attachments:

P&Z Memo June 2026_Conditional Use Permits
UDC_Amendments_Adding_ConditionalUsePermits_June2026

c.

26-252

Public Hearing and possible action on amendments to the City of Seguin's
Unified Development Code Section 3.4.3 Land Use Matrix, to add "Data
Center" as a new use, and Chapter 7 (Definitions), to add a definition for
data centers.
Attachments:

P&Z Memo June 2026_Data Centers
UDC_Amendments_DataCenters_Draft

5.

Adjournment

City of Seguin

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Printed on 6/2/2026

1

Planning & Zoning Commission

Meeting Agenda

June 9, 2026

I certify that the above notice of meeting was posted in the Display Case in front of the Municipal
Building, 210 E. Gonzales Street of the City of Seguin, Texas on the 3rd day of June 2026 at
10:00 a.m. Said place is readily accessible to the General Public.

________________________________
Francis Serna
Recording Secretary

The City of Seguin is committed to compliance with the Americans with Disabilities Act (ADA).
Reasonable accommodations and equal access to communications will be provided to those
who provide notice to the City Secretary at (830) 401-2468 at least 48 hours in advance. This
meeting site is accessible to disabled persons.

City of Seguin

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Printed on 6/2/2026

2

City of Seguin

210 E. Gonzales Street
Seguin TX, 78155

Meeting Minutes
Planning & Zoning Commission
Tuesday, May 12, 2026

5:30 PM

Council Chambers

Public
1.

Call To Order
The City of Seguin Planning and Zoning Commission met in a Regular Meeting
on May 12, 2026 at 5:30 p.m. at the City Council Chambers, 210 E. Gonzales
Street, Seguin, Texas. Vice-Chair Davila presiding over the meeting.

2.

3.

Roll Call
Present:

6 - Vice Chair Eddie Davila, John Flores, Tomas Hernandez Jr, Bobby Jones III,
Yesenia Rizo, and Kelly Schievelbein

Absent:

3 - Chairperson Patrick Felty, Pete Silvius, and Wayne Windle

Approval of Minutes

26-209

Approval of the Planning and Zoning Commission Minutes of the April 14, 2026
Regular Meeting.
A motion was made by Commissioner Schievelbein, seconded by
Commissioner Jones III, that the Minutes of the April 14, 2026 meeting be
approved . The motion carried by the following vote:
Aye

4.

6-

Vice Chair Davila, Flores, Hernandez, Jones III, Rizo, andSchievelbein

Public Hearing and Action Items

SUP 03-26
A public hearing and possible action on a Specific Use Permit request to allow
a stand-alone parking lot in a Commercial zoned district.
Brenda Joyas, Planner presented the staff report. She stated that the Specific Use
Permit request is to allow a stand-alone parking lot in Commercial zoning. The
applicant is requesting an extension of a parking lot from the lot south of the subject
property.
Ms. Joyas stated that staff received one letter is support of the request and one phone
call from a neighbor stating they were fine either way as long as their property was not
involved.
She informed the Commission that the property is in the Traditional Residential area of
the City’s FLUP. Residential use and development within Neighborhood Commercial
along major thoroughfares such as Court St. are supported within Traditional
City of Seguin

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Printed on 5/18/2026

3

Planning & Zoning Commission

Meeting Minutes

May 12, 2026

Residential use. She gave an overview of the surrounding properties and noted that
the request is compatible with surrounding land use and zoning.
The applicant is in the process of bringing the southern adjacent lot into compliance
with parking lot requirements by applying for a Specific Use Permit for the subject
property that allows a stand-alone parking lot in commercial zoning to complete
parking spot numbers.
Ms. Joyas stated that if the Commission approved the request, staff is recommending
the conditions that the screening of parking lot facing the home on Gonzales Street
with a 6 foot fence, the SUP be transferable to keep the required parking for the
business on Court St. to the South lot and that the stand alone parking lot stay with
the parking lot for the business on the south lot.
The regular meeting recessed, and a public hearing was held. There being no
responses from the public the regular meeting reconvened for action.
A motion was made by Commissioner Jones III, seconded by Commissioner
Schievelbein, that the SUP to allow a stand alone parking lot at 601 E.
Gonzales with the conditions that the screening of a 6 foot fence of the parking
lot facing the home on Gonzales Street, the SUP be transferable to keep
required parking for business on Court St., on the south lot and the stand alone
parking lot to remain a parking lot for business on south lot be approved. The
motion carried by the following vote:
Aye

5.

6-

Vice Chair Davila, Flores, Hernandez, Jones III, Rizo, andSchievelbein

Adjournment
There being no further discussion before the Planning and Zoning Commission,
the meeting adjourned at 6:38 p.m.

___________________________ ___________________________
Eddie Davila, Vice-Chair
Francis Serna
Planning & Zoning Commission
Recording Secretary

City of Seguin

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Printed on 5/18/2026

4

ZC 06-26 Staff Report
3033 N. Austin St
Zoning Change from S-R to C

Applicant:
ColPar Consulting LLC
851 Branch Rd.
Seguin, TX 78155
Property Owner:
Erik Saengerhausen/ColPar
Consulting, LLC.
851 Branch Rd.
Seguin, TX 78155

REQUEST:
A Zoning Change request from Suburban Residential (S-R) to Commercial (C).
ZONING AND LAND USE:
Zoning

Land Use

Subject
Property

S-R

Residential

N of Property
S of Property
E of Property
W of Property

MF-3
C
MF-3
A-R

The Caldwell Apartments
Vacant Residential
The Caldwell Apartments
Vacant undeveloped AG land

Property Address/Location:
3033 N. Austin St.

SUMMARY OF STAFF ANALYSIS & RECOMMENDATION:
Legal Description:
ABS: 10 SUR: M CHERINO
0.9800 AC.
Property ID: 52382
Lot Size/Project Area:
Approx. 0.98 acres
Future Land Use Plan:
Commercial Corridor
Notifications:
Mailed: May 27, 2026
Newspaper: May 24, 2026
Comments Received:
None at the time of
publication.
Staff Review:
Armando Guerrero
Planning Manager
Attachments:
• Location Map
• Existing Zoning Map
• Future Land Use Plan Map

This property currently contains a Suburban Residential (S-R) zoning designation. The
applicant is proposing a zoning change to Commercial (C) for future commercial use at
this location. Similar commercial zoning designations can be seen within this area,
which is an area that is supportive of commercial use per the city’s Future Land Use
Plan (FLUP).
If commercial development does not occur immediately, the property owner has the
option of continued residential use with the approval of a Specific Use Permit (SUP)
due to the existing residential structure on the property.
CRITERIA FOR ZONING CHANGE:
Consistency with the future land use plan – Yes, commercial use is supported in this
location.
Compatible with existing and permitted uses of surrounding property – Yes, similar
zoning, as well as use can be seen within the area.
Adverse impact on surrounding properties or natural environment – Increase in traffic
with proposed commercial use
Proposed zoning follows a logical and orderly pattern – Yes, similar zoning, as well as
use can be seen within the area.
Other factors that impact public health, safety or welfare – None were specifically
identified.

Staff Report Prepared by the Planning & Codes Department

Page 1 of 2

M:\ZONING CHANGES\2026\ZC 06-26 3033 N. Austin St. (S-R to C)\ZC 06-26 Staff Report

5

PLANNING DEPARTMENT ANALYSIS
SITE DESCRIPTION
The property is 0.98 acres in size and is located at the northeast corner of north Austin St., and Strempel Rd. The site
contains an existing residential structure that is currently not occupied.
The subject property was part of a group rezoning that was approved in July of 2015 that converted the property’s
zoning from Pre-Development to Suburban Residential.

CODE REQUIREMENTS:
Commercial (C) zoning will allow for commercial uses permitted in Section 3.4.3 Land Use Matrix of the city’s Unified
Development Code (UDC). Commercial development on the property will require Site Plan approval and may be subject
to development requirements that include but are not limited to platting, Traffic Impact Analysis (TIA), landscaping,
off-street parking requirements, drainage study, etc.
If the Commercial (C) zoning is approved and no development occurs at this location, the existing residential home may
be utilized as a residential home with the Planning and Zoning Commission’s approval of a Specific Use Permit (SUP).

COMPATIBILITY WITH SURROUNDING LAND USE & ZONING:
A mixture of zoning designations and land uses can be seen around this property. To the north and east is multifamily (MF-3) zoning and use, to the west is undeveloped property zoned Agricultural Ranch (A-R). The property
south of the subject property is zoned Commercial (C) and requested a similar zoning designation in December of
2022.

COMPREHENSIVE PLAN:
The site is located within the Commercial Corridor of the city’s Future Land Use Plan. Commercial zoning is supported
withing this corridor. Uses within Commercial Corridors should focus on attracting vehicular-based traffic and providing
a buffer between larger thoroughfares and residential development. Developments within Commercial Corridors
should accommodate medium-to-large-scale commercial development, orient toward larger thoroughfares, to retain
visibility, and should provide enhanced development standards, such as landscaping requirements and façade
treatment to promote high-quality commercial development.

HEALTH, SAFETY, AND GENERAL WELFARE: (Protection & preservation of historical, cultural, and environmental areas.)
No health, safety or environmental issues have been identified for this property.

TRAFFIC (STREET FRONTAGE & ACCESS):
Access to the property is from Austin St., which is a TxDOT right-of-way. The property also contains frontage along
Strempel St. Any proposed improvements, widening, or relocating of the existing driveway from north Austin will
require TxDOT review and approval. City review and approval will be required for any proposed access from Strempel
St.

Staff Report Prepared by the Planning & Codes Department

Page 2 of 2

M:\ZONING CHANGES\2026\ZC 06-26 3033 N. Austin St. (S-R to C)\ZC 06-26 Staff Report

6

LOCATION MAP

This map is for information purposes and may not have been prepared
for or be suitable for legal, engineering, or surveying purposes. It does not
represent an on-the-ground survey and represents only the approximate
relative location of property boundaries. The City of Seguin assumes no
liability for errors on this map or use of this information.

ZC 06-26 3033 N. Austin St.

F

Site Location
200' Buffer
Parcel

1 inch = 150 feet
Printed: 5/11/2026

7

ZONING MAP

ZC 06-26 3033 N. Austin St.

A-R

R-2

S-R

R-2

A-R

MF-3

A-R

S-R
S-R

C

C
I

C

A-R

P

Agricultural - Ranch

Light Industrial

Manufactured Home Park

Single Family Residential 1

Zero Lot Lines

Commercial

Manufactured-Residential

Neighborhood Commercial

Single Family Residential 2

Corridor Overlay Districts
Downtown Historical District

Duplex 1

MultiFamily 1

None

Rural Residential

Duplex 2

MultiFamily 2

Public

ROW

Industrial

MultiFamily 3

Planned Unit Development

Suburban Residential

This map is for information purposes and may not have been prepared
for or be suitable for legal, engineering, or surveying purposes. It does not
represent an on-the-ground survey and represents only the approximate
relative location of property boundaries. The City of Seguin assumes no
liability for errors on this map or use of this information.

F

Site Location

1 inch = 150 feet

Parcel

Printed: 5/11/2026

8

FUTURE LAND USE MAP

ZC 06-26 3033 N. Austin St.

Commercial
Corridor

Regional
Commercial
Node

This map is for information purposes and may not have been prepared
for or be suitable for legal, engineering, or surveying purposes. It does not
represent an on-the-ground survey and represents only the approximate
relative location of property boundaries. The City of Seguin assumes no
liability for errors on this map or use of this information.

F

Site Location
Parcel

1 inch = 150 feet
Printed: 5/11/2026

9

PLANNING & CODES

MEMORANDUM
To:

Seguin Planning & Zoning Commission

From:

Pamela Centeno, Director of Planning & Codes

Subject:

Amendments to the Unified Development Code (UDC) to establish a new type of
zoning permit to be identified as a Conditional Use Permit (CUP), adding general
provisions, processes, and regulations to Chapters 1, 2, 3, and 7 (Definitions)

Date:

June 1, 2026

Presently, there are two types of zoning permits identified in the Unified Development Code: Limited
Use Permits (LUPs) and Specific Use Permit (SUPs). Limited Use Permits are reviewed and approved
administratively by City staff while Specific Use Permits require action by the Planning & Zoning
Commission following a public hearing on the request. Zoning permits are required for land uses that
need additional oversight to ensure that the proposed land use is compatible with the surrounding
area. Zoning permits typically include a list of conditions imposed by the approving body that are
enforceable by the City of Seguin. Staff is proposing to amend the UDC to add a third type of zoning
permit for land uses that have a higher potential of creating impacts to surrounding areas. This zoning
permit, a Conditional Use Permit, would require action by City Council following a recommendation
from the Planning & Zoning Commission. Public hearings would be held at both public meetings.
Staff is proposing amendments to Chapters 1, 2, 3, and 7 (definitions) to create the general provisions,
processes, and regulations for the proposed Conditional Use Permits. Amendments are proposed to:












Create a new type of zoning permit- a Conditional Use Permit (CUP)
Establish an expiration of two years with a possible extension of one year, unless an alternative
expiration is specific by City Council
Re-number a portion of Section 2.4 to add a new section for Conditional Use Permits
Create a process that requires the Planning & Zoning Commission to make a recommendation
on a request for a Conditional Use Permit to City Council following a public hearing
Establish notification procedures of the public hearings, to include notifications to property
owners within 200’ and published notice in the newspaper
Establish the City Council as the approving body for a request for a Conditional Use Permit
Make the permit non-transferable unless specifically allowed by City Council as a condition of
the permit
Establish procedures for revoking a Conditional Use Permit
Establish a process for amending a Conditional Use Permit
Add a definition for a “conditional use”
Adopt an application fee in the amount of $800

10

Unified Development Code- Table of Contents
o Chapter 1- General Provisions
o Title
o Purpose
o Authority
o Chapter Components
o Applicability
 City Limits
 ETJ
o Consistency with the Comprehensive Plan
o Effective Date
o Severability
o Violations
o Interpretation
o Officials and Responsibilities
 City Council
 Planning and Zoning Commission
 Zoning Board of Adjustments
 Historic Preservation & Design Commission
 Long Range Planning Committee
 Parks and Recreation Advisory Board
o Administrative Authority
o Nonconformities
o Expiration of Applications
o Chapter 2- Development Applications/ Development Review Process
o Intent
o Chapter Components
o Development Process
o Development Applications
 Annexation (Voluntary)
 Zoning
 Rezoning Request
 Conditional Use Permits
 Specific Use Permits
 Limited Use Permits
 Variances (Zoning Board of Adjustments)
 Certificates of Appropriate Design
 Subdivision Development
 Public Infrastructure Permits
City of Seguin Unified Development Code

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11

Chapter 1- General Provisions
conflicts with another applicable local, county, state or federal law, the more restrictive standard
applies. Photos are not considered official, adopted parts of this code. Photos and drawings used in
the printed version of this code are examples intended to explain certain design concept, processes,
or concepts. Some features shown in photos and drawings may not conform to other sections of this
code. If there is a conflict of meaning or implication between the text of this code and any heading,
drawing, table, figure, or illustration, the text will control.
Section 1.2 Officials- Authority and Responsibilities
1.2.1 City Council
The City Council may from time to time amend, supplement or change by ordinance the text of this
Unified Development Code on its own initiative or upon petition for a text amendment. The City
Council shall act as the final decision maker on all zoning change cases, general land use plans
associated with Planned Unit Developments, conditional use permits, amendments to the
comprehensive master plan, and any amendments to this Unified Development Code. Additionally,
the Council shall decide appeals on all decisions made by the Planning and Zoning Commission.
1.2.2 Planning and Zoning Commission
The Planning and Zoning Commission, also referred to as the Planning Commission shall act as an
advisory body to the City Council regarding all matters related to the physical growth and development
of the City. The Planning and Zoning Commission shall advise the City Council on applications and
petitions for zoning change requests, general land use plans associated with Planned Unit
Developments, conditional use permits, amendments to the comprehensive master plan, and
amendments to the UDC. The Planning and Zoning Commission shall act as the final decision maker
on the following development applications:
A. Specific Use Permits
B. Residential Replats that require a variance.
C. Subdivision Plat Variances- when a request is associated with a new subdivision or
undeveloped area the Planning and Zoning Commission may grant a variance to vary the
applicable lot area, lot width or frontage, and lot depth requirements.
D. Appeals on Limited Use Permits
E. Appeals on Disapproved Plats
1.2.3 Zoning Board of Adjustments (ZBA)
The regulations and restrictions of the Board of Adjustment (ZBA) for the City of Seguin will be
pursuant to the provisions of applicable statutory requirements of the State of Texas. It shall consist
of five (5) regular members who shall be appointed by the Mayor with the approval of the City Council
of the City of Seguin, for a term of two (2) years, and removable for cause by the City Council upon
written charges and after a public hearing. All such regular members shall reside within the corporate
limits of the City of Seguin. All cases to be heard by the Board of Adjustments will be heard by a
minimum number of four (4) members. Vacancies shall be filled for the unexpired term of any member
by appointment by the City Council. In accordance with state law, each case before the ZBA must be
heard by at-least seventy-five percent (75%) of the members.
1.2.4 Historic Preservation & Design Commission (HPDC)
There is hereby created a Commission to be known as the Historic Preservation & Design Commission,
hereafter referred to as the “HPDC”. The HPDC shall consist of seven (7) members appointed by the
City of Seguin Unified Development Code

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12

Chapter 1- General Provisions
1.4 Expiration of Applications
Below is a listing of development applications required by the UDC and the applicable expiration
date of the specified development application.
Development Application

Permit Expiration

Extension of Permit*
The property owner may apply for one
extension of one year.

Building Permit

2 years, unless recorded or fiscal surety
is posted for subdivision
improvements.
180 days

Certificate of Occupancy

As long as the use remains the same.

As long as the use remains the same.

Certificate of Appropriateness

180 days

The property owner may apply for one
extension of 180 days.

Conditional Use Permit

2 years, unless alternative expiration is
specified by the City Council

Development Studies

2 years unless alternative expiration is
specified by City Engineer

A permit holder may request an
extension of one year unless alternative
expiration is specified by the City
Council
The property owner may apply for one
extension of one year

Final Subdivision Plat

2 years, unless recorded or fiscal
surety is posted for subdivision
improvements.
180 days

The property owner may apply for one
extension of one year.

Limited Use Permit

1 year unless alternative expiration is
specified by the Planning Director

A permit holder may apply for one
extension of a 1 year time period.

Minor Plat

2 years unless alternative expiration is
specified by the Planning Director

The property owner may apply for one
extension of one year.

Replat

2 years unless alternative expiration is
specified by the Planning Director

The property owner may apply for one
extension of one year.

Plat Variances
Preliminary Plat

As long as the plat is valid
2 years unless alternative expiration is
specified by the Planning Director

n/a
The property owner may apply for one
extension of one year.

Public Infrastructure Permits

2 years, unless fiscal surety has been
posted for subdivision improvements

A permit holder may request an
extension of one year.

Sign Permit

180 days

A permit holder may apply for one
extension of 180 days.

Site Plan

One year

Specific Use Permit

1 year unless alternative expiration is
specified by the Planning and Zoning
Commission

Subdivision Concept Plan

3 years unless alternative expiration is
specified by the Planning Director and
City Engineer

The property owner may apply for one
extension of one year.
A permit holder may request an
extension of one year unless alternative
expiration is specified by the Planning
and Zoning Commission
The property owner may apply for one
extension of two years

Amending Plat

Floodplain Development Permit

City of Seguin Unified Development Code

A permit holder may apply for one
extension of 180 days.

A permit holder may apply for one
extension of 180 days.

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Chapter 2Development Applications/ Development Review Process

_____________________________________________________________________________
Section 2.1
2.1.1 Intent
The purpose of this chapter is to establish application procedures, internal review procedures, public
notice and hearing procedures, and review criteria for the processing of applications and actions that
affect the development and use of property subject to the jurisdiction of the City of Seguin.
2.1.2 Chapter Components
This chapter reviews in general each of the following development applications, process, and criteria
for approval:

Voluntary Annexation

Public Infrastructure Permits

Zoning Change

Floodplain Permits

Conditional Use Permits

Site Plans

Specific Use Permits

Building Permits

Limited Use Permits

Certificate of Occupancy

Variances (Board of Adjustments)

Temporary Certificate of Occupancy

Certificate of Appropriate Design

Outdoor Festival Permit

Subdivision Development

Variance from onsite alcohol
consumption distance requirements

Development Studies

Subdivision Concept Plans

City of Seguin Unified Development Code

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Chapter 2- Development Applications/ Development Review Process

Section 2.3 Zoning
2.3.1 Intent
The zoning designation for a parcel does not always permit the most appropriate and desired use for
the site. This section of the code will outline the steps that may be required in order to entitle a
particular property to a proposed use.
2.3.2 Applicability
The following applications are described in this section.








Petition for Zoning Map Amendments
Conditional Use Permits
Specific Use Permits
Limited Use Permits
Petition for Planned Unit Development
Overlay Districts
Certificates of Appropriateness

2.3.3 Criteria
Please to refer to each section and each development application for criteria for approval and
development process for each.

Zoning Checklist
 Step 1- Identify your current zoning designation and
identify if the property is located in an overlay district.
(Official zoning map can be found on City website).
 Step 2- Review zoning use chart in Chapter 3 to see if
proposed use is permitted under current zoning
designation.
 Step 3- Is your property zoned for the specific use you
are proposing?
 If yes, you may not need to apply for
any zoning permits. Please see step
4.
 If no, please review requirement
zoning map amendment process and
requirements
 Step 4- Is your proposed use entitled by right or is it
identified as Specific Use or a Limited Use?
o Uses allowed by right, no additional zoning
permits are needed.
o Use requires Specific Use Permit, please
review requirements for Special Use Permits
o Use requires Limited Use Permit, please
review requirements for Limited Use Permits

City of Seguin Unified Development Code

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Chapter 2- Development Applications/ Development Review Process

Section 2.4 2.3.4 Zoning Map Amendment/Rezoning/Zoning Change
2.4.1 A. Application of Requirements.
This section applies in the following areas:
Property within City of
Seguin City Limits
YES

Property within City of
Seguin ETJ
NO

2.4.2 B. Intent
The purpose of a petition for a zoning map amendment is to establish the initial zoning district
classification of land, or to change the zoning map designation currently assigned to a property.
2.4.3 C. Applicability
Where a property owner seeks to establish an initial zoning district classification for land, or request
a rezone the property owner must submit an application for a zoning map amendment before any
action can be taken.
2.4.4 D. Criteria
Zoning map amendment requests are evaluated using the following criteria:
1. The proposed zoning is consistent with the comprehensive plan and any community,
neighborhood and other applicable land use and development plans;
2. The proposed zoning is compatible with existing and permitted uses of surrounding
properties;
3. The proposed zoning does not have an adverse impact on surrounding properties or the
natural environment;
4. The proposed zoning results in a logical and orderly development pattern;
5. Other factors that impact public health, safety, or welfare.
2.4.5 E. General Process
A. 1. Application. Applications for a zoning change shall be made on forms provided by the City
and must contain legal authorization by the property owner for the City to proceed with the
request. The same zoning request shall not be considered on any parcel more than once in any
twelve (12) month period of time unless the Planning and Zoning Commission, by a threefourths (3/4) vote, determines that there has been a substantial change in conditions
surrounding the subject land since the prior request, and agrees to reconsider the request.
B. 2. Notice.
1. a.) Personal Notice. Written notice of all Planning and Zoning Commission and City
Council hearings on proposed changes to the official zoning map shall be sent to all
owners of property located within two hundred (200) feet of the subject property
seeking a change in zoning. All notices shall be mailed via the US Post Office within
not less than ten (10) days before any such hearing is held. Property owner information
based on County Appraisal District records.
2. b.) Published Notice. Notice of City Council hearing shall be given by publication one
time in a newspaper of general circulation in the City of Seguin, stating the time and
place of such hearing, which time shall be not less than fifteen (15) days nor more than
twenty (20) days from the date of publication.

City of Seguin Unified Development Code

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Chapter 2- Development Applications/ Development Review Process

C. 3. Public hearings and Decision.
Staff shall review all zoning requests and provide the Planning and Zoning Commission with
a staff analysis of the request. The Planning Commission shall hold a public hearing and
provide a recommendation to the City Council. After receipt of the Planning and Zoning
Commission recommendation, a public hearing shall be held by the City Council before taking
action on a request for a zoning map amendment.
D. 4. Protests and Recommendations for Denial:
1. a.) In case of a written protest against any change in zoning, signed by the owners of
twenty (20) percent or more either of the area of the lots or land included in such
proposed changes, or of the lots or land immediately adjoining the same and extending
two hundred (200) feet there from, such amendment shall not become effective except
by the favorable vote of three-fourths (3/4) of all members of the City Council of the
City of Seguin.
2. b.) A vote of three-fourths (3/4) of all members of the City Council of the City of
Seguin I also required to overrule a recommendation of the Commission that the
proposed amendment, supplement, or change be denied.

Completed
application
submitted
to staff.

Personal notice sent out to property owners within 200 feet of the subject
property. Notice includes meeting dates for Planning and Zoning and City Council.

Planning and
Zoning
Commission
holds public
hearing and makes
recommendation
to City Council.

Newspaper
notice sent out.

City Council
holds a
public
hearing and
takes action
on 1st reading
of the
ordinance.

Request approved on
first reading
Request
moves on to a
second
reading

Request denied on
first reading
Request
stops.

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Chapter 2- Development Applications/ Development Review Process

Section 2.4 Conditional Use Permits
A. Application of Requirements.
This section applies in the following areas:
Property within City of
Seguin City Limits
YES

Property within City of
Seguin ETJ
NO

B. General
Conditional Use Permits, commonly called “CUP”s, allow uses and/or structures that, with
special conditions and development restrictions, may be considered compatible in a Zoning
District in which they are not allowed by right. These uses require approval from the City
Council due to potential impacts to surrounding properties and the community in general.
C. Intent
The purpose of this section is to outline the criteria for approval for Conditional Use
Permits.
D. General Process for Conditional Use Permits
Completed
application
submitted
to staff.

Personal notice sent out to property owners within 200 feet of the subject
property. Notice includes meeting dates for Planning and Zoning and City Council.

Planning and Zoning Commission holds
public hearing and makes recommendation to
City Council.

Newspaper
notice sent out.

City Council
holds a public
hearing and
takes action on
request.

1. Application. An application for a Conditional Use Permit shall be filed with the
Planning Department on a form provided by that Department. The completed
application shall be accompanied by a site plan which, along with the application, will
become a part of the Conditional Use Permit, if approved. The requirements for
application materials can be found on the conditional use permit application.
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Chapter 2- Development Applications/ Development Review Process

2. Notice.
 Personal Notice. Written notice of all Planning & Zoning Commission and
City Council public hearings on conditional use permits shall be sent to all
owners of property located within two hundred (200) feet of the subject
property seeking the request. All notices shall be mailed via the US Post Office
not less than ten (10) days before any such hearing is held.
 Published Notice. Notice of the City Council hearing shall be given by
publication one time in a newspaper of general circulation in the City of
Seguin, stating the time and place of such hearing, which time shall be not less
than fifteen (15) days nor more than twenty (20) days from the date of
publication.
3. Recommendation.
The Planning Commission shall hold a public hearing and provide a recommendation
to the City Council. After receipt of the Planning and Zoning Commission
recommendation, a public hearing shall be held by the City Council before taking
action on a request for a conditional use permit.
4. Time Limit
A Conditional Use Permit issued under this section shall become null and void unless
construction or use is substantially underway within two years from the date of
approval, unless an extension of time is approved by the City Council. A Conditional
Use Permit issued by the City Council shall become null and void if the land use for
which it was issued has been closed, vacated, abandoned, or changed to a different use
for a period of one (1) or more years.
5. Transferability
Conditional Use Permits are non-transferable unless specifically allowed by City
Council as a condition of the permit.
6. Revocation
A Conditional Use Permit may be revoked or modified, after notice and hearing, for
either of the following reasons:
 The existence of any material error or misrepresentation in the
application required in this section of the Ordinance; or
 The Conditional Use Permit was obtained or extended through
misrepresentation or deception; or
 That one or more of the conditions imposed by the permit has not
been met or has been violated.
7. Amendments.
No building, premises, or land used under a Conditional Use Permit may be enlarged,
modified, structurally altered, or significantly changed from the approved plan unless
an amendment to the original Conditional Use Permit is obtained. The procedure for
amendment of a Conditional Use Permit shall be the same as for a new application.

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Chapter 2- Development Applications/ Development Review Process

Section 2.12 Building Permits
2.12.1 Application of Requirements
This section applies in the following areas:
Property within City of
Seguin City Limits
YES

Property within City of
Seguin ETJ
No

2.12.2 Applicability
Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair,
move, demolish, roof, reroof or change the occupancy of a building or structure or to cause
any such work to be done shall first make application to the Building Official and obtain the
required permit for the work.
2.12.3 Prior Approvals
An application for a building permit shall not be approved unless the following have been
approved and remain in effect for the subject property:
A. The property is zoned to allow the proposed development.
B. Any variances required to allow a proposed development have been approved.
C. The subject property is platted or qualifies for a plat exception.
D. Site development permit has been approved (if required). A building permit and a
site plan can be concurrently reviewed, but the site plan must be approved before the
building permit can be issued.
2.12.4 Criteria and Process
Building permit requests are evaluated by the Building Official, or his or her designee, using
all the following criteria:
A. The project conforms to this code, the Building Code, the Fire Code, and other
applicable regulations.
B. The parcel does not have any violations of this code or other applicable City or State
regulations.
C. The building permit is consistent with the following:
1. zoning designation
2. special use permits and/or limited use permits (limited, specific, and/or
conditional) if applicable
3. variances if applicable
4. subdivision plat
5. site plans
2.12.5 Expiration
A building permit shall become invalid unless work has commenced within 180 days from
issuance date.
2.12.6 Exception
Model Home Exception for Single-Family Residential or Duplex Development. Within a
phase containing public improvements that have not yet been finally accepted, the City will
issue building permits for no more than two (2) model homes of differencing floor plans, prior
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Chapter 3—Zoning and Land Use

Section 3.4 Use
3.4.1 Permitted, Limited, Specific, Conditional, Unlisted and Prohibited Uses

The use of land and/or buildings shall be in accordance with those listed in the following Land Use Matrix. No
land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other
than for those uses specified in the zoning district in which it is located or for activities consistent with the
nonconforming provisions of this Chapter.

3.4.2 Unlisted Uses
It is recognized that new types of land use will arise in the future, and forms of land use not presently
anticipated may seek to locate in the City. A new and unlisted use may be interpreted by the Planning
Director as similar to a listed use if the unlisted use possesses the majority of characteristics of the
listed use. If the unlisted use is deemed similar to a listed use by the Planning Director, no amendment
of the Land Use Matrix is required. If the use is not deemed by the Planning Director to be similar to
an existing listed use the unlisted use determination must be submitted to the Planning and Zoning
Commission and City Council and shall subsequently is treated as an ordinance amendment.
A person requesting the addition of a new or unlisted use shall submit to the Planning Director or
his/her designee, all information necessary for the classification of the use, including but not limited
to the following:
A. The nature of the use and whether the use involves residential activity, sales, services, or
processing;
B. The type of product sold or produced;
C. Whether the use has enclosed or open storage and the amount and nature of the storage;
D. Anticipated employment typically anticipated with the use;
E. Transportation requirements- estimate of number of trips per day;
F. The nature and time of occupancy and operation of use;
G. The parking and loading requirements;
H. The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
I. General description of development needs for use (impervious cover, utilities, etc.).
3.4.3 Land Use Matrix
P
_
C
S
L

Designates the use as a permitted in the zoning district indicated.
Designates use prohibited in the zoning district indicated.
Designates use may be permitted in the zoning district with a Conditional
Use Permit
Designates use may be permitted in the zoning district with a Specific
Use Permit
Designates the use as a limited use. This means the use is permitted in
the zoning district if additional site and/or building requirements (in
addition to base development requirements) are met.

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21

Definitions

19. Carport. A roofed structure open on two (2) sides when attached to a dwelling and open on
three (3) sides when detached from a dwelling, covered with a roof supported by structural
steel or wood columns or masonry piers of minimum size for structural safety.
20. City. The City of Seguin, Guadalupe County, Texas.
21. City attorney. A licensed attorney employed or designated by the City of Seguin to provide
legal services for and in behalf of the City.
22. City Council/Council. The words "City Council" or “Council” shall refer to the City Council
of the City of Seguin, Texas.
23. City Engineer. A registered professional engineer employed or designated by the City of
Seguin to provide professional engineering services for and in behalf of the City.
24. City standards. As referred to in this ordinance, shall mean the City's standards and
specifications, together with all tables, drawings and other attachments hereinafter approved
by the Council.
25. Clinic. An institution or station for the examination and treatment of ill and afflicted
outpatients by a physician or group of physicians.
26. Cluster development. See "Subdivision, cluster."
27. Columbarium. A structure of vaults lined with recesses for cinerary urns operated as part of
a cemetery, funeral home, or church.
28. Commission. The Planning and Zoning Commission of the City of Seguin, Guadalupe
County, Texas.
29. Community Center. A central social and recreational building as part of a housing project,
subdivision or planned unit development.
30. Communication Tower. A device fixed and free-standing or guyed, which may include an
uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition
includes, but is not limited to, any such structure supporting antennae that transmit or receive
any portion of the electromagnetic spectrum of radio waves. The following are examples, but
are not limited to: freestanding monopole structures, lattice or open framed structure and
other similar self-supporting, trussed, or open framed structures, and guyed structures. For
communication tower purposes a monopole is a single, slender and typically cylindrical,
vertical structure to which antennae are affixed.
31. Commercial trimming/cutting. Any individual or business that practices tree trimming,
cutting or removal, for hire, within the City limits of the City of Seguin, Texas.
32. Comprehensive plan. The comprehensive plan of the City of Seguin and includes any unit
or a part of such unit separately adopted and any amendment to such plan or parts thereof.
Also Comprehensive Master Plan, Master Plan.
33. Concept plan, subdivision. A plan depicting the layout of a proposed subdivision that
identifies the location of proposed parks, open space lots, drainage ways and drainage lots,
streets and street alignments, and utilities that will serve the development.
34. Conditional use. A use which may be suitable in certain locations in a zoning district if
developed and operated under conditions imposed by City Council.
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PLANNING & CODES

MEMORANDUM
To:

Seguin Planning & Zoning Commission

From:

Pamela Centeno, Director of Planning & Codes

Subject:

Amendments to Section 3.4.3 Land Use Matrix- Industrial Uses and to
Chapter 7- Definitions, to add and define a data center as a new use

Date:

June 2, 2026

In March, the Planning & Zoning Commission approved a recommendation to amend the Unified
Development Code (UDC) to add data centers to the Land Use Matrix with a requirement for a
Specific Use Permit. The Commission also approved a recommendation to add a definition for data
centers. Staff is bringing the proposed UDC amendments back to the Commission to consider
changing the requirement for a Specific Use Permit to a Conditional Use Permit. A Conditional Use
Permit is a new type of zoning permit being proposed by staff that adds a second level of approval,
with final action taken by City Council following a recommendation by the Planning & Zoning
Commission. Staff recommends that land uses that have a higher potential of creating impacts to
surrounding areas, such as data centers, should require a Conditional Use Permit. Staff is also
proposing to expand the definition to specifically exclude server rooms no larger than 2,000 square
feet that are housed within an organization’s building for internal operations of that facility.
While data centers are vital to today’s digital economy, careful consideration must be given to where
they are permitted within city limits. To ensure that such facilities are developed in appropriate
locations and that adequate safeguards are in place to protect surrounding properties, the Seguin
Planning Department is proposing to amend the Unified Development Code (UDC) to add data
centers as an industrial use in the Land Use Matrix with a requirement for a Conditional Use Permit.
Staff is also proposing to add a definition for a data center to the UDC. The proposed amendments
to Section 3.4.3 and to Chapter 7- definitions, are as follows:
Section 3.4.3 Land Use Matrix- Industrial Uses
Industrial Uses
Data
Center

A-R

R-R

S-R

R-1
R-2

DP-1

DP-2

ZL

MF
1,2,3

MR

MHP

NC

C

P

LI

I

DHD

-

-

-

-

-

-

-

-

-

-

-

-

-

C

C

-

Chapter 7- Definitions
Data Center – A facility consisting of a single building, multiple buildings, or a portion of a
building, that houses servers, computing systems, networking equipment and other related
infrastructure for processing, storing or distributing digital data. This definition excludes server
rooms no larger than 2,000 square feet within an organization’s building that house information
technology (IT) equipment for internal operations.

23

Proposed Amendments to the Seguin Unified Development Code
Section 3.4.3 Land Use Matrix- Industrial Uses
Artisan
Manufacturing
Auto Crushing
Concrete Batch Plant
Contractor’s
storage/ equipment
yard
Crematory
Data Center
Slaughter Facility
Drilling and or
Mining for Oil, Gas,
and other minerals
Heavy Industry
Light Industry
Packing, assembly,
and/or treatment of
finished or semi
finished products
from previously
prepared material
Petroleum bulk
stations and
terminals
Recycling center
(outside)
Recycling center
(inside)
Salvage yard
Scrap processing
Self-Storage (no
outside storage)
Self-Storage (with
outside storage)
Truck Stop
Warehouse with no
outdoor storage
Warehouse with
outdoor storage
Non-medical Lab
Research Facility

A-R

R-R

S-R

DP-1

DP-2

ZL

-

R-1
R-2
-

MR

MHP

NC

C

P

LI

I

DHD

-

MF
1,2,3
-

-

-

-

-

-

-

-

L/S

-

P

P

L/S

-

-

-

-

-

-

-

-

-

-

-

S

-

P

S
S
P

-

-

-

-

-

-

-

-

-

-

-

-

P
-

-

P
C
S
-

P
C
S
S

-

-

-

-

-

-

-

-

-

-

-

-

L

-

P
P

P
P
P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

S

-

-

-

-

-

-

-

-

-

-

-

-

-

-

S

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

--

-

-

-

-

-

-

-

-

-

P

-

P

P
P
P

-

-

-

-

-

-

-

-

-

-

-

-

S

-

S

P

-

-

-

-

-

-

-

-

-

-

-

-

S
P

-

S
P

P
P

-

-

-

-

-

-

-

-

-

-

-

-

S

-

S

P

-

-

-

-

-

-

-

-

-

-

-

S

-

P

P

-

-

Chapter 7 - Definitions
Data Center – A facility consisting of a single building, multiple buildings, or a portion of a building that
houses servers, computing systems, networking equipment and other related infrastructure for
processing, storing or distributing digital data. This definition excludes server rooms no larger than 2,000
square feet within an organization’s building that house information technology (IT) equipment for
internal operations.

24