File #: AC-23-03    Version: 1 Name:
Type: Action Item Status: Passed
File created: 3/28/2023 In control: Planning and Zoning Commission
On agenda: 4/11/2023 Final action: 4/11/2023
Title: AC-23-03 (3830 S IH 35) Hold a public hearing and consider a request by BGE, Inc., on behalf of Warren Reality LD/Sac-N-Pac, for an Alternative Compliance to the two-story minimum building height requirement in Section 4.4.3.6 of the San Marcos Development Code to allow one-story buildings, for a proposed multifamily development, on approximately 67.119 acres out of the Edward Burleson Survey, located at 3830 S IH 35 (C. Garrison)
Attachments: 1. AC-23-03 Staff Report, 2. AC-23-03 Maps, 3. AC-23-03 Application Documents, 4. AC-23-03 Code Excerpt, 5. AC-23-03 Presentation

AGENDA CAPTION:

Title

AC-23-03 (3830 S IH 35) Hold a public hearing and consider a request by BGE, Inc., on behalf of Warren Reality LD/Sac-N-Pac, for an Alternative Compliance to the two-story minimum building height requirement in Section 4.4.3.6 of the San Marcos Development Code to allow one-story buildings, for a proposed multifamily development, on approximately 67.119 acres out of the Edward Burleson Survey, located at 3830 S IH 35 (C. Garrison)

Body

Meeting date:  April 11, 2023

 

Department:  Planning and Development Services

 

Amount & Source of Funding
Funds Required:
  N/A

Account Number:  N/A

Funds Available:  N/A

Account Name:  N/A

 

Fiscal Note:
Prior Council Action: N/A

City Council Strategic Initiative:  [Please select from the dropdown menu below]

N/A

N/A

N/A

 

Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
Economic Development - Choose an item.
Environment & Resource Protection - Choose an item.
Land Use - Choose an item.
Neighborhoods & Housing - Choose an item.
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Core Services

Not Applicable

Master Plan
: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Vision San Marcos - A River Runs Through Us


Background Information:

The property has remained vacant since annexation in 2001, Ordinance 2001-76. Two other properties in the area were zoned CD-5 within the last two years. Ordinance 2021-38 zoned 6.69 acres from FD to CD-5 and is planned for dense Multifamily near the intersection of Hunter Road and Centerpoint Road. Ordinance 2022-09 zoned 62.5 acres to CD-5 and is the site of the newly permitted Alta at Centrepoint Apartments. 

 

The applicant is requesting Alternative Compliance in order to construct one-story structures in the proposed CD-5 zoning district. Section 4.4.4.3.6 of the San Marcos Land Development Code requires Building Height be a minimum of 2 stories or 24 feet within the CD-5 district.

 

The applicant’s request is specific to the multifamily portion of this development. The applicant indicated: 1-story units would allow the applicant to provide housing options to those that cannot utilize 2-story units and the applicant “feels this is the type of housing that provides opportunities for young professionals, fire fighters and police officers to live and work in San Marcos at a younger age and, as well stay in San Marcos as they retire and seek to downsize but stay in the City.”

 

This Alternative Compliance will be effective following approval of the property being zoned to the CD-5 Zoning District. A similar alternative compliance request was recently approved by the Planning and Zoning Commission for AC-21-02 (Legacy Square Single Story Buildings).

 

Council Committee, Board/Commission Action:
N/A

Alternatives:

N/A

 

 

 

 


Recommendation: 

Staff recommends approval of the request with the following conditions:

 

1.                     The alternative compliance for 1-story buildings shall only apply to the multi-family areas of development as shown in Exhibit A. All other uses will comply with the 2-story requirement;

2.                     The percentage of 1-story multifamily buildings will not exceed 70% of the buildings constructed in area shown in Exhibit A;

3.                     The Alternative Compliance shall be effective upon approval of Character District-5 (CD-5) zoning;

4.                     The Alternative Compliance shall not expire.