AGENDA CAPTION:
Title
Hold a Public Hearing to hear comments for or against Ordinance 2020-80, amending the official Zoning Map of the City in Case No. ZC-20-23 (Vantage San Marcos) by rezoning approximately 12.5 acres of land out of the J.F. Geister Surveys, No. 6 and No. 7, Hays County, located near the intersection of State Highway 123 and Monterey Oak Drive from “FD Future Development District to “CD-2.5” Character District - 2.5 or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; providing for an effective date; and consider approval of Ordinance 2020-80, on the second of two readings.
Body
Meeting date: August 17, 2020
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: NA
Account Number: NA
Funds Available: NA
Account Name: NA
Fiscal Note:
Prior Council Action: At the regular City Council meeting on November 4, 2020 a motion to approve the request passed 5-2 with Council members Mihalkanin and Marquez dissenting.
City Council Strategic Initiative: [Please select from the dropdown menu below]
Workforce Housing
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 - Direct Growth, Compatible with Surrounding Uses
☒ Neighborhoods & Housing - Well maintained, stable neighborhoods protected from encroachment of incompatible land uses
☐ 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)]
Background Information:
The applicant previously submitted a request to re-zone this property from Future Development (FD) to Character District - 3 (CD-3).
At their regularly scheduled meeting on 2/25/2020 the Planning and Zoning Commission voted 5 to 3 to recommend approval of the request to City Council.
At their regularly scheduled meeting on 3/14/2020 the City Council voted to deny the request 4-2. At the meeting Council members discussed concern over the lack single family occupancy restrictions within the CD-3 zoning district.
On September 1, 2020 City Council adopted changes to the San Marcos Development Code that included the new zoning district Character District - 2.5 (CD-2.5), which restricts development to two building types, House and Accessory Dwelling Unit, and includes the single family occupancy restrictions.
On November 4, 2020 City Council moved to approve the current request for CD-2.5 zoning on first reading with a 5-2 vote. The ordinance was not subsequently scheduled for second reading due to an oversight by staff. Since 90 days has passed since the first public hearing, a new public hearing must be held to consider this second reading of Ordinance 2020-80.
Council Committee, Board/Commission Action:
The Planning and Zoning Commission heard this item at their regularly scheduled meeting on October 13, 2020. The draft minutes are below:
Speakers in favor or opposed
Opposed:
1. Lisa Marie Coppoletta
2. Barbara Selvage
In Favor:
1. Chris Weigand
Recommendation from the Planning and Zoning Commission Meeting held 10/13/2020
Commissioner Agnew made a motion to approve the ZC-20-23, Commissioner Spell seconded the motion. The motion passed by the following vote.
For: 7
Against: 2
Absent: 0
Alternatives:
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Recommendation:
Staff has reviewed the request with the criteria from Section 2.5.1.4 of the San Marcos Development Code and recommends approval as submitted.