AGENDA CAPTION:
Title
Consider approval of Ordinance 2021-79, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-21-12 by rezoning approximately 363.72 acres of land, generally located between Harris Hill Road and future FM 110 north of Harris Hill Road, from “FD” Future Development to “CD-3” Character District-3, or, subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.
Body
Meeting date: October 4, 2021
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: At their regular meeting on September 21, 2021 City Council approved the request on first reading. The motion for approval, made by Councilmember Gleason, seconded by Councilmember Scott, was approved 6-1 with Councilmember Baker dissenting.
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
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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:
This zoning change is part of a wider mixed use development and zoning change applications have also been submitted for CD-4 (ZC-21-13), Employment Center (ZC-21-14) and Employment Center with associated multifamily (ZC-21-15).
The site is located adjacent the future FM-110 corridor within the Whisper South Public Improvement District and is subject to a Development Agreement approved by City Council on August 3rd, 2021 (2021-142R). An application for annexation has been submitted concurrently (AN-21-05) and will be considered by City Council in September. The approved development agreement sets out the intended zoning district of each parcel, along with some additional variances from the district’s standards.
Specifically , in CD-3:
• Parking is allowed in the first and second layers of a lot;
• Removal of the “Build-to zone” requirement;
• Revisions to the parking lot landscaping requirements to allow several long landscaped area or islands, as opposed to a landscaped area or island every 10 spaces;
• Removal of the “rear alley” requirement;
• Variation to the Residential Garage Parking Requirements to allow garages to be flush with the house;
• Removal of front porch standards;
• Variations to existing block standards and stub street requirements. Double fronting lots (lots with street frontage on each side) are allowed subject to the installation of a masonry or masonry like wall along the rear property line;
• Increase the tree spacing requirement from 35-40’ on center average to every 50’;
• Allowance of additional acceptable street sections set out in Exhibit D of the Agreement (similar to the Sections used in the existing Whisper North development);
• Variation to parkland dedication requirements allowing publicly accessible private parkland to meet the park dedication requirements (per current Code, 50% of public parkland must be dedicated to the City). The agreement also states that private parkland locations shall be approved administratively (as opposed to by the Parks Board).
Floodplain is located on the southern part of the site. There is a drainage channel/ floodway which cuts east-west through the property - per the Public Improvement District agreement, the future use of this land shall be limited to Regional Park Types and Typical Park Facilities as provided in the San Marcos Development Code.
A Preliminary Plat (PC-21-44) has also been submitted by the applicant for the infrastructure in the Public Improvement District, including a new roadway between Harris Hill Road and I-35.
During the approval of the Development Agreement at City Council, Council requested that a restrictive covenant be placed on the property requiring homebuilders to disclose when the emergency response times do not meet the City’s average response times (currently 7 minutes). The developer has agreed to this and a draft agreement is included in the packet for review.
Council Committee, Board/Commission Action:
At their August 24th meeting, the Planning and Zoning Commission voted to recommend approval of ZC-21-12. A motion was made by Commissioner Spell, seconded by Commissioner Kelsey to recommend approval of the request. The vote passed with a 9-0 vote.
Alternatives:
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Recommendation:
Staff recommend approval of ZC-21-12 as presented.