File #: ID#17-694    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 9/13/2017 In control: Planning and Zoning Commission
On agenda: 9/26/2017 Final action: 9/26/2017
Title: LDC-17-04 (Purpose Built Student Housing Conditions) Hold a public hearing and consider revisions to Subpart B of the City's Code of Ordinances (Land Development Code) amending Chapter 4 zoning regulations and revisions to Subpart C or the City's Code of Ordinances (SmartCode) amending Article 1 and Article 5 in order to include conditions on Warrants and Conditional Use Permits that protect students in the event of a delay in occupancy of the building. (A. Gillfillan)
Attachments: 1. SCRedline, 2. LDC Amendment

AGENDA CAPTION:

Title

LDC-17-04 (Purpose Built Student Housing Conditions) Hold a public hearing and consider revisions to Subpart B of the City’s Code of Ordinances (Land Development Code) amending Chapter 4 zoning regulations and revisions to Subpart C or the City’s Code of Ordinances (SmartCode) amending Article 1 and Article 5 in order to include conditions on Warrants and Conditional Use Permits that protect students in the event of a delay in occupancy of the building. (A. Gillfillan)

Body

Meeting date:  September 26, 2017

 

Department:  Planning and Development Services

 

Funds Required:  N/A

Account Number:  N/A

Funds Available:  N/A

Account Name:  N/A

 

CITY COUNCIL GOAL:  Beautify and Enhance the Quality of Place

 

 

COMPREHENSIVE PLAN ELEMENT(s): Neighborhoods and Housing; Goal #2 Housing Opportunities for Students of Texas State University in Appropriate Areas and Create and Implement a Plan to Accomplish this Vision.

 

 

BACKGROUND: 

City Council provided direction during the September 5th City Council meeting to pursue an amendment to both the Land Development Code and the SmartCode in order to include a required condition on all Warrants or Conditional Use Permits for Purpose Built Student Housing.  The purpose of the proposed conditions are to protect students in the event of a delay in occupancy and include the following:

1)                     Any unit leased before the issuance of a certificate of occupancy shall include a late delivery provision the Tenant the choice of:

a)                     Accepting temporary alternate safe, decent and sanitary housing provided by the Landlord in the City or within seven miles of the apartment at no additional cost to the tenant; or

b)                     Option to be released from the lease with no financial penalty and reimbursement of deposits and pre-paid items within 10 days.

2)                     The form of lease shall be reviewed by the city before execution and, in the event of a late delivery, all correspondence communicating information about the late delivery or the student’s options for temporary housing needs to be reviewed and approved by the City before being sent.