AGENDA CAPTION:
Title
Consider approval of Ordinance 2017-58, on the second of two readings, amending Chapter 4, Article 3 of the Land Development Code, Subpart B, and Section 1.5.4 of the San Marcos Smartcode, Subpart C, of the City Code, by adding requirements for the City Council’s approval of a Conditional Use Permit or a Warrant for Purpose Built Student Housing, including the requirement that, as a condition of the approval, the lease offered to a student shall incorporate provisions ensuring that, when a rental unit is unavailable for occupancy as of the first day of the lease term, the landlord will provide temporary alternate housing or allow the student to terminate the lease without penalty; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date.
Body
Meeting date: October 17, 2017 - Public Hearing and 1st Reading
November 8, 2017 - 2nd Reading
Department: Planning and Development Services
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL: Beautify and Enhance the Quality of Place
COMPREHENSIVE PLAN ELEMENT(s): Neighborhoods and Housing; Goal #2 Housing Opportunities for Students of Texas State University in Appropriate Areas and Create and Implement a Plan to Accomplish this Vision.
BACKGROUND:
City Council provided direction during the September 5th City Council meeting to pursue an amendment to both the Land Development Code and the SmartCode in order to include a required condition on all Warrants or Conditional Use Permits for Purpose Built Student Housing.
The Planning and Zoning Commission unanimously approved the ordinance. Discussion during the meeting included expanding the provisions to all multi-family leases.
The purpose of the proposed conditions are to protect students in the event of a delay in occupancy and include the following:
1) Any unit leased before the issuance of a certificate of occupancy shall include a late delivery provision providing the tenant the choice of:
a) Accepting temporary alternate safe, decent and sanitary housing provided by the Landlord in the City or within seven miles of the apartment at no additional cost to the tenant; or
b) terminating the lease with no financial penalty and reimbursement of deposits and pre-paid items within 10 days.
2) The form of lease shall be reviewed by the city before execution and, in the event of a late delivery, all correspondence communicating information about the late delivery or the student’s options for temporary housing needs to be reviewed and approved by the City before being sent.