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File #: Ord. 2024-16(b)    Version: 1 Name:
Type: Ordinance Status: Individual Consideration
File created: 4/3/2024 In control: City Council
On agenda: 4/16/2024 Final action:
Title: Consider approval of Ordinance 2024-16, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-23-19, by rezoning approximately 1.94 acres of land generally located at the south side of Lindsey Street between North Comanche Street and North Street, and southwest of the intersection between Lindsey Steet and North Street from Multifamily-12 "MF-12" District, Multifamily-18 "MF-18" District, and Multifamily-24 "MF-24" District to Character District-5 "CD-5" and Character District-5 Downtown "CD-5D" Districts, or, subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.
Attachments: 1. ZC-23-19 Presentation, 2. Ordinance, 3. ZC-23-19 Ordinance Attachments, 4. ZC-23-19 Staff Report, 5. ZC-23-19 Maps, 6. ZC-23-19 Code Comparison, 7. ZC-23-19 Comprehensive Plan Checklist, 8. ZC-23-19 Application Documents, 9. ZC-23-19 Public Comments
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AGENDA CAPTION:

Title

Consider approval of Ordinance 2024-16, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-23-19, by rezoning approximately 1.94 acres of land generally located at the south side of Lindsey Street between North Comanche Street and North Street, and southwest of the intersection between Lindsey Steet and North Street from Multifamily-12 “MF-12” District, Multifamily-18 “MF-18” District, and Multifamily-24 “MF-24” District to Character District-5 “CD-5” and Character District-5 Downtown “CD-5D” Districts, or, subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.

Body

Meeting date:  April 16, 2024

 

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: At their April 2nd meeting, City Council voted 6-1 to recommend approval of CD-5D for the land east of North St (Tracts D and E) on first reading. Council voted 6-1 to approve the less intense zoning designation of CD-5 for the land west of North St (Tracts A, B, and C) on first reading.

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 - High Density Mixed Use Dev. & Infrastructure in the Activity Nodes & Intesity Zones (supporting walkability and integrated transit corridors)
Neighborhoods & Housing - Housing Opportunities for Texas State Students in appropriate areas
Parks, Public Spaces & Facilities - Choose an item.
Transportation - Choose an item.

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:

A previous zoning change and student housing conditional use permit for part of the site (located east of North St) was denied by the Planning and Zoning Commission and City Council in 2021 (ZC-21-09/ CUP-21-15).

 

The application is part of an approximately 3 acre site proposed for student housing which has 4 different zoning districts. Approximately half an acre is zoned CD-5D while the remainder is zoned  “Multifamily-12”, “Multifamily-18” and “Multifamily-24” which allow 12, 18 and 24 units per acre respectively. Student Housing is a “Conditional” Use under these zoning districts.

 

The nearest lots which are zoned Single Family (SF-6) are west of Moore Street, over 600 feet from the subject property. Nearby zoning consists of Character District 5 Downtown, Multifamily 24, 18, and 12, Mixed Use, and Public. To the south, the property zoned Public is used as a sorority house and to the north is Texas State University. The remainder of properties in the vicinity are multifamily and student housing.  

 

This zoning change request is one of four applications submitted by the applicant for this site:

• Preferred Scenario Amendment for the land west of North St from Existing Neighborhood to High Intensity (Downtown) - PSA-23-02

• Conditional Use Permit for Student Housing (CUP-23-22)

• Alternative Compliance request to allow for an increase from 5 to 7 stories (AC-23-09)

 

Council Committee, Board/Commission Action:
At their February 27 regular meeting, the Planning and Zoning Commission voted 9-0 to recommend denial of ZC-23-19 for the area covered by PSA-23-02 (west of North St).

The Commission then voted 5-4 to recommend approval of the zoning change for the remaining property (Parcels 332207 and R53147 east of North St), with Commissioners Costilla, Kelsey, Meeks and Garber dissenting.


Alternatives:

A portion of the subject property (east of North St) is currently High Intensity-Downtown on the Preferred Scenario Map. Approval of this smaller area would not require approval of PSA-23-02


Recommendation: 

Staff recommends approval of ZC-23-19.