AGENDA CAPTION:
Title
Consider approval of Ordinance 2021-31, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-20-25 by rezoning approximately 20 acres of land, generally located at the Northeast corner of Redwood Road and South Old Bastrop Hwy from “FD” Future Development District to “CD-5” Character District-5 District; and including procedural provisions.
Body
Meeting date: May 18, 2021
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: approved on 1st reading on May 4th, 2021. A motion was proposed by Councilmember Gleason, seconded by Councilmember Scott to recommend approval of 2021-31. The motion passed 7:0. A motion to amend was proposed by Councilmember Gleason, seconded by Councilmember Scott that the development will be in accordance with the site plan attached to the ordinance. The motion passed 7:0. This motion is reflected in the Ordinance and the applicant’s site plan is included in the ordinance. In addition, staff added a height exhibit to address Council discussion regarding height allowances on the property. This height exhibit is also included in the ordinance.
City Council Strategic Initiative:
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 - Diversified housing options to serve citizens with varying needs and interests
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
Vision San Marcos - A River Runs Through Us
Background Information:
The subject property is part of the larger “High Branch” development which received various approvals for zoning changes:
• November 2019: Character District - 4 (CD-4) approved for a Low Income Housing Tax Credit (LIHTC) multifamily project.
• November 2019: Character District - 3 (CD-3) approved for single-family subdivisions. Subsequently the applicant requested alternative compliance to the garage location standards, which was approved by City Council on appeal.
• August 2020: Single Family - 6 (SF-6) approved for an additional single-family subdivision where garage location standards do not apply.
In September 2020 the developer applied for Character District-4 (CD-4) for a Low Income Housing Tax Credit (LIHTC) multifamily project on a portion of the subject property. The affordable, senior (55+) housing is seeking a Resolution of No Objection from the City Council as required by the Texas Department of Housing and Community Affairs (TDHCA). After discussing the site layout with staff, the developer determined the design of a traditional multifamily project could not meet the standards of CD-4.
Subsequently, in September, 2020, the developer applied for Character District-5 for the entire property. Due to the two-story requirement in CD-5 and the senior housing multifamily building design, an Alternative Compliance request was made to allow one-story buildings within CD-5 zoning. This request was approved by the Planning and Zoning Commission at their meeting on April 13, 2021.
The Single Family Preservation Buffer analysis is required for this request. The Development Code states the analysis is based on zoning in place on April 18, 2018, however the subject property is surrounded on two sides by property which was recently annexed and zoned. Using the Code required calculation, 66% of the surround land is single family and triggers an affirmative vote of six members of the Planning and Zoning Commission to recommend a zoning change request and five members of the City Council to approve the request. Based on the current, surrounding, zoning 92% is single family.
CD-5 allows a variety of residential, commercial, mixed use, and public uses as well as an allowance for a light manufacturing use. Staff recognizes the need for a diversity of services in close proximity to residents who live east of IH-35. The request for CD-5 is, however, in close proximity to existing SF-6 zoning across the street and adjacent to the subject property, which was zoned by the property owner in 2020. The Development Code requires various standards which would create a transition between the two zoning districts as indicated in the staff report.
Council Committee, Board/Commission Action:
Speakers:
1. Brad Williams (in favor)
2. Jessica Mullins (in favor)
Recommendation from the Planning and Zoning Commission Meeting held Tuesday, April 13, 2021:
A motion was made by Commissioner Kelsey, second by Commissioner Moore to recommend approval of the request.
The motion passed with a 6-2 vote. (Note, an affirmative vote of six members of the Planning and Zoning Commission was needed for approval due to the Single Family Preservation Buffer)
• For: (6) Commissioner McCarty, Commissioner Rand, Vice Chair Kelsey, Commissioner Moore, Commissioner Sambrano, and Chair Garber
• Against: (2) Commissioner Costilla, Commissioner Agnew
• Absent: (1) Commissioner Spell
Discussion Topics:
The Commission discussed that they were favorable of the use of corner commercial and affordable senior (55+) multifamily housing as proposed by the applicant. However, they did have concerns with the impact of the applicant choosing not to develop the site and the ramifications of another applicant developing in CD-5 with different uses and proposed building heights. The Commission discussed that they would like to see City Council address their concerns when considering the zoning at their upcoming meeting by adding an effective date or restrictive covenants on the property to restrict the uses and the height. The Commission had concerns with the allowance to construct up to 5 stories on the site. The commission discussed that they wanted to see commercial uses on the corner of the property and they were favorable of services and commercial opportunities near residents of that area. The Commission discussed the possibility of incorporating Planned Development Districts (PDDs) back into the Development Code. The Commission discussed concerns about the safety and condition of Redwood Road and would like to see improvements to ensure that it is safe, incorporates multi-modal transportation methods, and is designed for slow speeds.
Alternatives: n/a
Recommendation:
Due to the varying factors regarding existing land use configurations and the preferred or planned configuration of the surrounding area, staff provided a neutral recommendation. (Note, an affirmative vote of five members of the City Council is needed for approval due to the Single Family Preservation Buffer)