AGENDA CAPTION:
Title
Receive a Staff Presentation and hold a Public Hearing to receive comments for or against Ordinance 2020-64, amending the Official Zoning Map of the City (ZC-20-18), by rezoning approximately 42.872 acres, more or less, located at 2801 Staples Road, from “FD” Future Development District to “CD-5” Character District-5, and including procedural provisions; and consider approval of Ordinance 2020-64 on the first of two readings.
Body
Meeting date: September 1, 2020
Department: Planning & Development
Amount & Source of Funding
Funds Required: n/a
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Fiscal Note:
Prior Council Action: n/a
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
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Vision San Marcos - A River Runs Through Us
Background Information:
The subject property is within City limits and was annexed in 2008. The property is currently vacant and is surrounded almost exclusively by vacant, rural/agricultural land as well as the San Marcos River along the northernmost extent of the subject tract and some existing residential and commercial uses in the Redwood community along the southernmost extent of the subject tract. In addition, FM 110 is proposed to be located adjacent to the subject property and right-of-way has already been dedicated in order to provide for the future construction of FM 110.
The purpose of this zoning change to “Character District-5” is to allow for the development of approximately 43 acres of mixed commercial and multi-family uses along the future FM 110 corridor.
The applicant is also requesting to rezone an additional approximate 337 acres in the vicinity of the future FM 110 corridor between Staples Road and the San Marcos River to CD-3 CD-4, and LI zoning. These requests are being considered as separate zoning requests (ZC-20-17, ZC-20-19, and ZC-20-20).
The City of San Marcos will provide wastewater services at the site and as the property is within the Crystal Clear CCN, Crystal Clear Special Utility District will provide water service. The developer will be responsible for extending water and wastewater facilities through the site as needed. Bluebonnet Electric Cooperative will provide electric service to this development.
Council Committee, Board/Commission Action:
Planning and Zoning Commission Meeting: August 11, 2020
Speakers in favor or opposed:
1. David Earl (in favor)
2. Tory Hurt (in favor)
Recommendation from the Planning and Zoning Commission meeting:
Approved 9-0 with the alternate recommendation:
• Approval of requested CD-5 zoning with exclusion of the ~12.546-acre tract located within the regulatory floodway and Open Space Preferred Scenario map designation and referred to as “CD-5 Part 4” in the submitted metes & bounds.
Alternatives:
n/a
Recommendation:
The Development Code states that a request for Character District-5 zoning in an Area of Stability - Low Intensity designation should be “Considered” based on the criteria provided in Section 2.5.1.4. Requests for this zoning in Area of Stability-Open Space designations are “Not Preferred” and require additional scrutiny.
Although the proposed zoning change to Character District-5 is not compatible with surrounding existing uses (rural and agricultural land) the subject property’s location abutting the proposed FM 110 San Marcos eastern loop may provide justification for support as it meets the intent of an “Employment Corridor” identified on the Preferred Scenario Map. FM 110 is identified as a major transportation network and will be initially funded by a Transportation Reinvestment Zone (TRZ) to capture a portion of the increased value of development occurring along the alignment. In addition, while the Comprehensive Plan envisions low intensity uses such as single family residential, bed and breakfasts, home offices, etc. in Low Intensity areas it also identifies mixed-use building types as appropriate at future nodes and corridors. While the interior street network of this development has not been identified at this time, the majority of the proposed CD-5 zoning is located along the FM-110 corridor.
A portion of the subject property is located within the regulatory floodway. This portion of the proposed CD-5 zoning district is also located within an Open Space designation on the Preferred Scenario Map which according to the Comprehensive Plan is suitable for limited residential, agricultural, preservation, or limited active recreation uses.
To help address concerns with the zoning district’s lack of alignment with the purpose and intent of Open Space designations on the Preferred Scenario Map and its location within the floodway, staff offers the below alternate recommendation for the Council’s consideration:
• Approval of requested CD-5 zoning with exclusion of the ~12.546-acre tract located within the regulatory floodway and Open Space Preferred Scenario designation.