Item 01: Rezoning 16.234 Acres at 2700 North Interstate Highway 35 to “HC” Heavy Commercial

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COSM_Admin

Administrator
Staff member
Consider approval of Ordinance 2023-24, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-23-04, by rezoning approximately 16.234 acres of land, more or less, out of the Joel Miner Survey, Abstract 321, Hays County, Texas, located at 2700 North Interstate Highway 35, at the intersection of the north bound frontage of Interstate Highway 35 and Saddle Run Way, from “MH” Manufactured Housing and “FD” Future Development to “HC” Heavy Commercial, or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date subject to the recording of a restrictive covenant agreement on the property.
 

JHughson

CoSM Members
I thought I heard at the 3/7/23 meeting that the restrictive covenant prohibitions were the same as the somewhat adjoining Whisper land that was rezoned to LI last summer. They are not exactly the same. I will propose an amendment that the more extensive language in Recital 1 Establishment of Restrictive Covenant found in the 8/8/2022 packet, page 14 (or so) be used instead. This includes all text under Item 1 AND keep (c) from the 3/21/2022 packet. We may want to limit the height restriction to just the area near the single family homes.
 

COSM_Admin

Administrator
Staff member
Response provided by Amanda Hernandez, Director of Planning & Development Services:
I thought I heard at the 3/7/23 meeting that the restrictive covenant prohibitions were the same as the somewhat adjoining Whisper land that was rezoned to LI last summer. They are not exactly the same. I will propose an amendment that the more extensive language in Recital 1 Establishment of Restrictive Covenant found in the 8/8/2022 packet, page 14 (or so) be used instead. This includes all text under Item 1 AND keep (c) from the 3/21/2022 packet. We may want to limit the height restriction to just the area near the single family homes.
This is correct, the covenants are not identical. Whisper lists all of the uses found under Waste Related & Vehicle Service and listed Food & Beverage Products and Brewery. The current request on IH 35 does not include Food or Brewery and instead lists Gas Stations and Truck Stops. Staff will be prepared with the updated language which combines the two.

For height – it is easiest to limit height by establishing a “setback” from the rear property line, however the applicant appears to be fine with the limit on the entire property.
 
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