AGENDA CAPTION:
Title
CUP-18-39 (South End Section One) Hold a public hearing and consider a request to ratify five Warrants associated with the South End Section One Regulating Plan. These Warrants include:
1) Drive-Thru uses are permitted within the 2nd or 3rd layer of lots with B-Grid frontage along Wonder World Drive;
2) Minimum frontage build out along B-Grid streets is 20%,
3) Stagecoach Trail and Corporate Drive assemblies may be constructed as shown on the Regulating Plan;
4) The oval and rounded planting options in Table 3.5 of SmartCode are permitted along all streets within Transect Five
5) Transect Five is the only zone required in this district.
(W. Parrish)
Body
Meeting date: December 11, 2018
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: NA
Account Number: NA
Funds Available: NA
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Fiscal Note:
Prior Council Action: NA
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Background Information:
In 2011, this property was rezoned to SmartCode T5. As part of the rezoning process, the applicant submitted a Regulating Plan as required by the Land Development Code. On the Regulating Plan, the applicant listed five Warrants that they wanted to be associated with the Regulating Plan. As the property developed the applicant and Staff used the adopted Regulating Plan to review and approve development on property included within the boundary of the Regulating Plan.
However, upon recent review of the Regulating Plan, Staff determined that the Warrants associated with the Regulating Plan did not go through the appropriate approval process at the time of the rezoning. Warrants require approval from the Planning and Zoning Commission, and the five Warrants that were on the approved Regulating Plan, that the Planning and Zoning Commission reviewed at the time of approval were not listed out and voted on independently from the rezoning request.
The applicant has requested that Staff bring this item forward in order to ratify the five Warrants that were included on the Regulating Plan that was approved at the time of the re-zoning.
Council Committee, Board/Commission Action:
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Recommendation:
Staff has reviewed the application and finds that the Warrants are consistent with section 1.3 of the San Marcos SmartCode when the property was rezoned and the Regulating Plan was adopted. Staff recommends approval of the request as submitted.