Additional Mayor/staff follow-up:
Responses provided by Amanda Hernandez, Director of Planning & Development Services:
What other land use options for the PSA are available?
The Preferred Scenario Map consists of: Open Space, Existing Neighborhood, Employment Center, Low Intensity, Medium Intensity, High Intensity. To request Character District Zoning the land must be Medium or High Intensity or Employment Center. (Development Code Table 4.1: https://user-3vpeqil.cld.bz/San-Marcos-Development-Code-Effective-10-17-23/152/#zoom=true)
What zoning could be used for the changes they are proposing as a restrictive covenant?
Staff is proposing the concessions be considered as Conditions of the Student Housing CUP. Staff reviewed a variety of zoning districts and Character District 5 Downtown, or Character District 5 are needed to allow 4 stories. All other zoning districts have a 3-story maximum.
I'm looking at suggesting ND-4 for the west side of Lindsey. Meets all the items that they are offering except ND-4 is limited to 3 stories. But the parking is less. One per unit instead of one per bedroom. AND I think it would NOT require a PSA? Correct?
What else could we consider? If they limit to 3 bedrooms, don't they have more options? And which of those options require parking per-unit and which are per-bedroom?
Purpose Built Student Housing may only be requested in CD-5/CD-5D. It is not an allowed use in the Neighborhood Density Districts
Staff reviewed alternate zoning districts with the applicant and provided a comparison in the packet – pg. 577. The applicant indicated none of the alternates would work for their project due to setbacks and height limits. They further indicated the project can only work on the property west of North St with CD-5 zoning.
Could they put the majority (or all) parking on this side of North St to meet their parking requirement for the other side of North St? Would the zoning have to be the same?
Parking would likely not fit on this smaller piece of land and parking is not typically permitted as a stand-alone use. One must first establish a primary use, apartments or purpose built student housing in this case, and the zoning change is necessary for the project proposed by the developer. This question can be shared with the Developer to answer as part of their presentation. What I would be suggesting is to move SOME of the parking they have on the middle section now to the west side. Not stand-alone - you are right, wouldn't work for that and not necessarily all of the parking would go to the west side. The west-of-North St parcel is bigger that the space proposed for parking now which leaves space for apartments - I'm looking at their concept plan on page 252 but I think they have changed it to have the parklet in the center section also. We are allowing other parking (The Parlor) to be some off-site and the parking on the current Concept Plan is to serve all 3 sections. This makes for less density on the west side and allows for more housing in the center section. Is this an option I can suggest? I know it's their decision but I don't want to suggest something that isn't within code.
Staff will share this inquiry with the applicant however parking will likely not fit on this smaller piece of land. In addition, a parking garage at this location may have more adverse impacts to the surrounding multifamily residents due to headlights and alarm / horn noises.
Please advise where in the Land Dev Code I can find "High Density-Downtown" and what that means different from "High Density?"
The term used in the Development Code is High Intensity, it looks like the developer presentation uses the term High Density. The Development Code does not distinguish downtown separately. All High Intensity areas are treated the same. https://user-3vpeqil.cld.bz/San-Marcos-Development-Code-Effective-10-17-23/152/
My bad. I should have stated High Intensity-Downtown, specifically using Downtown as if there is a High Intensity-Downtown different from High Intensity. It's the addition of "-Downtown" that I'm asking about, not Density or Intensity.
I'm referring to staff's use of the term. It's used to describe the surrounding area in multiple places in the staff report. It's used on the agenda caption and in the presentation. Page 242 includes “Existing Neighborhood” to High Intensity-Downtown for land west of North St. It's in the ordinance 2024-15 recital 1 and on the Notice of Public Hearing. Still seeking a definition and page number in the LDC.
The development Code treats all High Density Areas the same. The 2013 comprehensive plan gave the intensity areas names – Downtown, Midtown, East Village, etc.
What changes in the area are proposed in the new Comp Plan? Any overlays? Historic was mentioned sometime during these discussions.
The new comprehensive plan identifies these parcels as Neighborhood Medium surrounded by Neighborhood High and Neighborhood Medium. The comprehensive plan does not establish overlays. I didn't mean the overlays were created in the Comp Plan. It was ANY changes anywhere - Comp Plan, overlays, or other methods of categorizing land.
What was the discussion, perhaps at the PZC meeting on this topic that noted a historic overlay district would include the west side perhaps in the future? I do see a pretty good discussion in the Comp Plan starting on page 68 of the plan currently up for adoption. "COMMUNITY PRIORITIES AND OVERLAYS - Residents expressed a strong desire to minimize the impacts of new development on established neighborhoods, historic, cultural, and environmental assets.
" Followed by notes on History Resource Overlay, Cultural Resource Overlay (no housing there), and Environmental Overlay.
I apologize that I’m not following this question, but here is a response and we can discuss further at the meeting if necessary.
What changes in the area are proposed in the new Comp Plan: the subject property will change from Existing Neighborhood to Neighborhood Medium when the new plan is approved.
Community priorities / overlays in the draft plan are some of the considerations which went into creating the Preferred Scenario Map. These are only considerations and not regulatory overlays.
The Historic Resources survey identified everything from North Street to Scott Street for possible expansion of the Lindsey-Rogers Historic District.
In the presentation there is this:
If approved, property would be given a “Mixed Use Medium” designation on new map after comp plan approval (assuming no changes before adoption). Shannon's letter suggests Neighborhood High. pg 297.
But regardless, wouldn't the parcel carry the PSA designation given by the council at the time of approval, if that happens? Why would it change just because of the new Comp Plan? Would we change all designations in the city due to the new Comp Plan?
- In response to the Developer’s letter. This was written and submitted with the application in September. Staff worked with the applicant, discussed their ultimate plan, and determined Mixed Use Medium was necessary to accommodate the development.
- “wouldn’t the parcel carry the PSA given by Council” Yes, staff is currently operating under the 2013 plan and if the PSA is approved by City Council the land will immediately be classified High Intensity and the “downtown” boundary will be extended.
- “why would it change just because of the new comp plan?” The designation will remain Neighborhood Medium (will not change to Mixed Use Medium) unless approved by City Council. If the PSA is approved, staff will update the proposed Preferred Scenario map which will come forward when the comprehensive plan is voted on – Mixed Use Medium is the designation for Downtown on the proposed map so that boundary would be extended.
- “would we change all designations in the city due to the new comp plan?” Yes, when the comprehensive plan is adopted the new designations will take effect.
Thanks for the info.
For the PSA Amendment request (pg 263 of packet) I only see 409 North St and 415 North St specified. Aren't there 3 parcels?
Yes, there are 3 parcels. Pg. 263 is the first page of the staff report and the property owners are listed – the Taylors own 2 parcels, but only 1 address is listed here. Point was this: How do we approve a PSA for a parcel for which there isn't a request to change?
The request includes all 3 parcels – staff received a metes and bounds for the entirety of the 3 parcels.
What are the requested number of apartments and bedrooms in this section, west of North St? What would it be with the changes they are proposing?
The final number of units / bedrooms will not be known until the developer prepares site and building plans which conform to our Development Code. This question can be shared with the Developer to answer as part of their presentation. I think the question will be asked about the middle parcel and the Comanche St parcel - for 5 stories and for 7 stories. For the west parcel, a comparison of their original plan and proposed plan could be helpful. I hope they are ready for the question.
This will be shared with the applicant
What about parkland dedication?
This will be determined at the time of plat once the final number of units is determined. The applicant must dedicate land or pay a fee in lieu of dedication at that time. Thanks for the info.
