AGENDA CAPTION:
Title
AC-23-02 (Local Joe’s Kitchen) Hold a public hearing and consider a request by Joseph Perricone, on behalf of Local Joe’s Kitchen, for an Alternative Compliance to allow a single-story building in the Character District 5-Downtown (CD-5D) instead of a two-story building which is required by the San Marcos Development Code, located at 205 W. Hopkins Street. (K. Buck)
Body
Meeting date: March 28, 2023
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☒ Land Use - Direct Growth, Compatible with Surrounding Uses
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
Choose an item.
Background Information:
In 2015, the City Council granted a Warrant to Schlotzky’s Restaurant to allow a deviation from the building height requirement within the “T5 SmartCode” zoning designation on the property. The Warrant allowed the construction of a building less than two stories in height. This warrant has since expired as the building ceases to be used and occupied as a Schlotzky’s Restaurant (See Section 3.c.ii of the attached Warrant).
The applicant is requesting this Alternative Compliance from the two-story building height requirement to use the existing one-story building and continue a restaurant use, Local Joe’s Kitchen. A full analysis on the request may be found in the attached staff report.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval with the following conditions:
1. A minimum of 1 shade tree shall be planted in front of the building within the public right-of-way along W Hopkins Street in accordance with the City’s Development Code Section 3.8.1.6;
2. Within the first 90 days after the business opens, a pergola-type shade structure shall be provided over the entire private outdoor seating area along W Hopkins Street;
3. The existing fence adjacent to all three rights-of-way shall be revised to be 50% open and shall meet all other fence requirements in the Development Code;
4. The gate entrance along Hopkins Street shall remain open for public access during business hours;
5. All other code requirements shall be met;
6. This permit shall expire upon an expansion of the building or site improvements of greater than 25%.