AGENDA CAPTION:
Title
Consider approval of Ordinance 2022-68, on the second of two readings, amending the Official Zoning Map of the City in Case ZC-22-27, by rezoning approximately 15.6 acres of land, generally located on the I-35 South Frontage Road, approximately 1,400 feet south of the intersection of I-35 and Posey Road from “FD” Future Development District and “AR” Agricultural Ranch Districts to “HC” Heavy Commercial District, or, subject to the consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date.
Body
Meeting date: September 20, 2022
Department: Planning and 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: Council voted to approve Ordinance 2022-67 on Aug 16, 2022 on the first of two readings subject to the inclusion of restrictive covenants. The second reading of the ordinance was pushed to the September 20th meeting to allow the applicant time to prepare the restrictive covenants which have been included in the packet. The proposed covenants include restrictions on waste related services, noise in excess of 85 decibels between 10:00am and 10:00pm and 75 decibels between 10:00pm and 10:00am, and uses causing noxious odors detectable at or beyond the property line. The applicant has also included a restrictive covenant requiring the inclusion of one or more electric vehicle charging stations within the business park.
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Economic Development - Choose an item.
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☒ Land Use - Direct Growth, Compatible with Surrounding Uses
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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 site is currently within the ETJ in Hays County - a request for annexation is being considered concurrently (AN-22-12). The annexation request covers approximately 72 acres (Hampton Business Park) and includes this application for Heavy Commercial as well as an application for Heavy Industrial (ZC-22-25) adjacent the railway and Light Industrial (ZC-22-26) along I-35. A small section of the land proposed for annexation (along the southwestern boundary) has not been included in any of these zoning change requests in order to leave a 100’ setback/ buffer from the adjacent residential parcel in the ETJ. This section will remain as “FD” and will be used for drainage and landscaping (see the attached Land Use Plan submitted by the applicant).
This tract and the two other associated tracts being rezoned at this meeting will be combined and reconfigured into two larger tracts, each under separate ownership and control.
Therefore, the applicant has provided two restrictive covenant agreements with descriptions that align with the new reconfiguration. However, the two agreements, together, encompasses the entirety of the areas being rezoned. An overlay map showing the reconfiguration and areas subject to the restrictive covenants is provided to show how the restrictive covenants apply to all three tracts being rezoned at this meeting.
Council Committee, Board/Commission Action:
At their July 12th regular meeting, the Planning and Zoning voted to recommend approval of ZC-22-27. A motion was made by Agnew, seconded by Commissioner Costilla to recommended approval of ZC-22-27 and passed 8-0, with Chair Garber being absent.
Alternatives:
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Recommendation:
Staff recommends approval of this zoning change request as presented.