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File #: Ord. 2023-24(b)    Version: 1 Name:
Type: Ordinance Status: Individual Consideration
File created: 3/8/2023 In control: City Council
On agenda: 3/21/2023 Final action:
Title: Consider approval of Ordinance 2023-24, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-23-04, by rezoning approximately 16.234 acres of land, more or less, out of the Joel Miner Survey, Abstract 321, Hays County, Texas, located at 2700 North Interstate Highway 35, at the intersection of the north bound frontage of Interstate Highway 35 and Saddle Run Way, from "MH" Manufactured Housing and "FD" Future Development to "HC" Heavy Commercial, or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date subject to the recording of a restrictive covenant agreement on the property.
Attachments: 1. Ordinance, 2. Exhibit B to Ord. - ZC-23-04 Restrictive Covenant, 3. ZC-23-04 Presentation, 4. ZC-23-04 Staff Report, 5. ZC-23-04 Comp Plan Checklist, 6. ZC-23-04 Code Comparison, 7. ZC-23-04 Application Documents
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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AGENDA CAPTION:

Title

Consider approval of Ordinance 2023-24, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-23-04, by rezoning approximately 16.234 acres of land, more or less, out of the Joel Miner Survey, Abstract 321, Hays County, Texas, located at 2700 North Interstate Highway 35, at the intersection of the north bound frontage of Interstate Highway 35 and Saddle Run Way, from “MH” Manufactured Housing and “FD” Future Development to “HC” Heavy Commercial, or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date subject to the recording of a restrictive covenant agreement on the property.

Body

Meeting date:  March 7, 2023

 

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 the City Council meeting held March 7, 2023, a motion was made to approve Heavy Commercial District (HC) with approved the restrictive covenants, and the motion carried 6-1. The following topics were discussed: (a) concerns with the height of the structure adjacent to Saddlebrook Community (b) would the agreed upon restrictive covenant agreement be the same as surrounding commercial properties (c) verifying the types of uses to include flex retail, office, and warehouses uses.

City Council Strategic Initiative: 

N/A

Comprehensive Plan Element (s):
Economic Development - Diverse Local Economic Environment
Environment & Resource Protection - Choose an item.
Land Use - Choose an item.
Neighborhoods & Housing - Choose an item.
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 three parcels are currently occupied by a single family home. The property is adjacent to Saddlebrook manufactured housing community, the Whisper Planned Development District and the Whisper South development. Whisper is a mixed-use development with Heavy Commercial and Light Industrial planned adjacent to this property. This is proposed rezoning is congruent with extending the types of uses found in the Heavy Commercial district along I 35 frontage.

 

Council Committee, Board/Commission Action:
At their January 10, 2023 meeting, the Planning & Zoning Commission recommended denial of ZC-23-04 with an 8-0 vote. The Commission discussed that the Saddlebrook community is in too close proximity to this proposed project, and the proposed use may produce heavy truck traffic. 

Approval of a motion to adopt this ordinance would require the affirmative votes of at least six members of the city council.

Alternatives:

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Recommendation: 

Staff recommended approval of this zoning change as presented.