AGENDA CAPTION:
Title
Receive a staff presentation and hold a Public Hearing to receive comments for or against Resolution 2021-142R, approving a Development Agreement with Harris Hill Residential Land Holdings, Ltd., providing for annexation and regulating the development of approximately 379.84 acres of land in the City’s Extraterritorial Jurisdiction generally located between Harris Hill Road and future FM 110 North of Harris Hill Road; authorizing the City Manager, or is designee, to execute said agreement on behalf of the City; and providing an effective date, and consider approval of Resolution 2021-142R.
Body
Meeting date: August 3, 2021
Department: Planning and Development Services
Amount & Source of Funding
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Fiscal Note:
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☒ Land Use - Direct Growth, Compatible with Surrounding Uses
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Vision San Marcos - A River Runs Through Us
Background Information:
In April 2021, Council authorized the creation of the Whisper South Public Improvement District. This Development Agreement covers the eastern 379 acres of the PID located in the Extra-territorial Jurisdiction (ETJ), and sets out the process for annexation into the City and associated development standards.
The draft development agreement includes the following:
• A conceptual land use plan including proposed open space.
• Base zoning districts of Character District-3 (CD-3) and Employment Center (EC). The land use matrix set out in Exhibit C specifies multifamily development as a permitted use under EC zoning, which is a variation from the City’s current code. All multifamily development will be required to comply with the Multifamily Development Standards set out in Chapter 9 of the Land Development Code.
• Utility provisions clarifying that Maxwell Special Utility District is the water service provider and that the Owner will request to opt in to the City’s water CCN.
• Owner agreement to annexation. Applications for annexation and the associated zoning have been submitted by the developer and are currently under review.
• Permitted variations in development standards currently established in the Development Code which are intended to mirror the development within the Whisper North Planned Development District (PDD). Specifically:
o Parking is allowed in the first and second layers of a lot;
o Removal of the “Build-to zone” requirement;
o 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;
o Removal of the “rear alley” requirement;
o Variation to the Residential Garage Parking Requirements to allow garages to be flush with the house;
o Removal of front porch standards;
o Variations to existing block standards and stub street requirements as shown on Exhibit E Block Perimeter Exhibit. 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;
o Increase the tree spacing requirement from 35-40’ on center average to every 50’;
o 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);
o 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).
Council Committee, Board/Commission Action:
Council approved the negotiations of a development agreement on 04/06/2021, under the direction of the Whisper Council Committee. The Committee convened on 04/26/21 to review the draft agreement and directed staff to finalize the negotiations with the developer. An updated redlined draft of the agreement was circulated to the Committee on 07/07/21. The Committee directed staff to bring the finalized agreement to the full Council for consideration.
Alternatives:
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Recommendation:
Staff recommends approval of this item as presented.