AGENDA CAPTION:
Title
Consider approval of Ordinance 2021-62, on the second of two readings, amending the official zoning map of the City in Case No. ZC-21-11 by rezoning approximately 0.98 acres of land, more or less, out of lot 5, block 1, San Marcos Business Park, Section 2, located at 1909 Dutton Drive, from “GC” General Commercial District to “CD-4” Character District-4, or subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.
Body
Meeting date: August 17, 2021
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
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Funds Available: N/A
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Fiscal Note:
Prior Council Action: During the August 3, 2021 Council meeting, a motion was made by Councilmember Gleason, seconded by Councilmember Derrick, to approve ZC-21-11. The motion carried 7-0. Council discussed the development’s price points and were informed by the applicant that units range from the low 200s to 400s. Council then discussed the site’s potential for having archaeological significance and whether to impose a requirement for performing an archaeological study. Ultimately, Council determined that a policy discussion regarding such a requirement is better suited for a future Council agenda.
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Background Information:
The property is currently undeveloped but is contiguous with an existing multifamily/ condominium project that was developed by the applicant. The existing project achieved CD-4 zoning approval in October 2019.
The 2019 zoning change request was accompanied by a variance request approved by the ZBOA. This request was approved by the Board who indicated a desire to refund the application fee due to the location of a City easement. ZBOA does not have the authority to waive fees however, City Council directed staff to refund the fee.
Council Committee, Board/Commission Action:
At their regular meeting on July 13, 2021 the Planning and Zoning Commission recommended approval of the request as presented with an 8-0 vote.
On July 15, 2021 the Zoning Board of Adjustments unanimously approved a variance request to allow a 15’ maximum setback instead of the 12’ maximum required by Code for CD-4 due to the location of a 15’ public utility easement. The Zoning Board of Adjustments indicated a desire to refund the application fee for the variance request because the request was the result of a City owned easement.
Alternatives:
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Recommendation:
Staff recommends approval of the request as presented.