AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to consider an appeal by Chris Weigand of the decision of the Planning and Zoning Commission on February 23, 2021 to deny the request for Alternative Compliance (AC-21-01) to the residential garage parking requirements in Section 7.1.4.1. of the Development Code for a proposed residential development located in the 3800 Block of Hwy 123.
Body
Meeting date: March 16, 2021
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: n/a
Account Number: n/a
Funds Available: n/a
Account Name: n/a
Fiscal Note:
Prior Council Action: n/a
City Council Strategic Initiative: n/a
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☒ Land Use - Direct Growth, Compatible with Surrounding Uses
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
Vision San Marcos - A River Runs Through Us
Background Information:
The applicant is requesting Alternative Compliance to deviate from the Residential Garage Parking Standards that apply to Character District-2.5 (CD-2.5) zoning. A preliminary lot layout provided by the applicant indicates that approximately 61 residential lots are proposed on the property (see attached exhibit). However, a formal subdivision plat application has not yet been approved.
Section 7.1.4.1(C) Residential Garage Parking Requirements, outlines that garage placement must match one of the following options: Semi-flush, recessed, side-loaded, detached, or alley-loaded (see attached excerpt from the code). The applicant has requested to deviate from the options provided in the code and has proposed an alternative design that allows for garages combined with front porches and other architectural elements (see the attached applicant narrative). Staff worked with the applicant to create conditions and articulation standards that meet the intent of the code. The recommended conditions by staff aim to align the proposed homes closely with a “Semi-Flush” garage design. Additional enhancements are recommended by staff as indicated in the conditions in order to reflect comments from other departments. The applicant is in agreement with the proposed conditions recommended by staff.
Council Committee, Board/Commission Action:
Planning and Zoning Commission Meeting: February 23, 2021
Speakers in favor or opposed:
1. Chris Weingand (in favor)
Recommendation from the Planning and Zoning Commission meeting held February 23, 2021:
A motion was made by Commissioner Haverland, seconded by Commissioner McCarty, to approve AC-21-01 with the staff recommended conditions. The motion failed with a 4-4 vote with Commissioners McCarty, Rand, Kelsey, and Moore dissenting.
A motion was made by Commissioner Rand, seconded by Commissioner Moore, to deny AC-21-01. The motion carried 5-3. Discussion from the Commission included the desire to not deviate from the adopted garage standards in the Development Code and to not set a precedence for such a deviation. In addition, the Commission discussed that the Development Code standards may need to be amended if Alternative Compliance requests continue to be pursued.
• For: (5) Chairperson Kelsey, Vice Chairperson Commissioner Spell, Commissioner McCarty, Commissioner Haverland, and Commissioner Moore
• Against: (3) Commissioner Spell, Commissioner Dillon, Commissioner Agnew
• Absent: (0)
Alternatives:
n/a
Recommendation:
Per Section 2.8.4.6, Appeals, the applicant or other person within the personal notification area may appeal the decision of the Planning and Zoning Commission to grant or deny an alternative compliance request to the City Council in accordance with Section 2.8.1.1. The Council shall apply the criteria in Section 2.8.4.4 in deciding whether the Planning and Zoning Commission’s action should be upheld, modified or reversed.
Because the Planning and Zoning Commission denied the request for alternative compliance, a super-majority of six votes of the council would be needed to reverse that decision and thereby grant the request for alternative compliance.
Staff recommends approval of the request with the following conditions:
1. In no case shall the garage be the front most protrusion of the house, but the garage may be flush with the front most protrusion of the house. For the purposes of this condition, a front porch is considered a protrusion of the house;
2. When the façade of the house is flush with the garage, the front door may be recessed no more than 3’ from the façade.
3. A covered front porch shall be required on a minimum of 50% of the homes. The front porch shall be a minimum of 6 feet of clear space in all directions (no obstruction from porch posts) and shall have a minimum area of 50 square feet.
4. The total width of the garage door (including any center column between two garage doors) shall not exceed more than 55% of the width of the house.
5. A single overhead garage door shall not exceed 16’ in width. If two overhead garage doors are proposed, each garage door shall not exceed 8’ in width;
6. Garage doors shall include architectural trim along the top and sides of the garage;
7. An ornamental light fixture shall be provided flanking the doors;
8. Garage doors shall include windows on 25% of the homes within the subdivision;
9. Garage doors shall include an overhang such as an eyebrow overhang, awning, or trellis that overhangs a minimum of 12 inches over the garage doors;
10. A 4’ concrete pedestrian sidewalk shall be provided connecting the main entrance of the home to the public sidewalk along the street. The pedestrian sidewalk shall be separated from the driveway.
11. The Alternative Compliance shall not expire.