Item 09: San Marcos Development Code

[COSM_Admin]

Consider approval of Ordinance 2022-72, on the second of two readings, amending the San Marcos Development Code to, among other things, address changes made in the 2023 Legislative Session, improve development processes related to development agreements, certificates of appropriateness, demolition by neglect, and parks and open space dedication, add clarity, correct discrepancies within the Code, and incorporate City Council direction for Code amendments including improved Historic District and Landmark Designation Criteria, increasing the Occupancy Restriction limit from two to three unrelated persons, creating a new business park zoning district, and making Waste Related Services a conditional use in all instances, providing a savings clause; and providing for the repeal of any conflicting provisions; and providing an effective date.

 

[COSM_Admin]

Additional information provided by Amanda Hernandez, Director of Planning & Development Services:

In reference to the September 19, 2023 discussion regarding the development code amendments, staff has provided the following additional information and recommendations which will be part of the October 2, 2023 packet and presentation:

• Signage for parkland. In reviewing this section, the lead-in text (text in attached file) states the requirement for signage is required for a “Public park access.” No amendment should be necessary.

• Remove exemptions for Parkland Dedication. This amendment was proposed by staff to align with minor plats to “simplify division of land in certain circumstances” (4 units or less). Minor plats are typically used for infill development and are areas already served by existing parks.

• Notification Requirements for Development Agreement. Staff will provide more information on general notification requirements and highlight where we go above state requirements. I’ve not seen a proportional notice requirement before. If this amendment is proposed by City Council I’ll ask whether it applies to all applications or only development agreements. Since the increase to 400 ft. radius the department has had to increase the notification budget. This cost will likely need to be passed on to the applicant and would require a fee schedule amendment.

• Rooftop Amenities. The following language could be considered if City Council wishes to remove the parentage allowance: Rooftop amenities or usable floor area on or above the finished roofline. Usable floor area provided on or above the finished roofline shall be counted as an additional story.

 

[COSM_Admin]

Additional information provided by Amanda Hernandez, Director of Planning & Development Services:

On September 19, 2023 City Council voted to amend the Development Code to remove certain options for Administrative Approval of Conditional Use Permits. (#1 & #3 below) Staff has reviewed this amendment and is providing some considerations for City Council prior to the final vote on October 2.


Section 2.8.3.7 Procedures Specific to Conditional Use Permits for On-Premise Sale of Alcohol

1. Administrative Approval. The Responsible Official may administratively approve a renewal or modification of an existing conditional use permit under the conditions below. Otherwise the application shall be considered by the Planning and Zoning Commission in accordance with this section.
   1. Where a new State TABC license or permit is required for a currently licensed or permitted establishment due to a change in the name of the permit holder, the name of the business, or the ownership of the business.
   2. Where remodeling occurs which does not involve the expansion of the existing business.
   3. For renewal of a restaurant permit where the applicant demonstrates that they are in good standing with all requirements under this Development Code and any other statute and has not been assessed any violation values under this section.

• Please note: “A” states a CUP shall be considered by the Planning & Zoning Commission if it does not meet the conditions listed.

• Staff recommends keeping option #1 and provides the following for City Council Consideration:
  • Change in the name of the permit holder: If the TABC permit holder changes their name, due to marriage for example, they would be required to amend their TABC license. By removing this option for Administrative Approval, which can be completed in approximately 10-business days, the applicant would be required to go to P&Z. The P&Z process takes approximately 8 weeks and could delay the City’s ability to sign the amended TABC license.
  • Change in the name of the business: if an owner chooses to rename their business, removal of #1 above would require P&Z approval. This would delay the applicant’s permits to install signs, for example. It would also delay the City’s sign off on the TABC license amendment and could negatively impact the business’ timing for any grand-re-opening or other rollout they have planned.
  • Change in the ownership of the business: this change is generally done when a business sells. The P&Z process could delay the new owner’s ability to take over the business and get a City signature on the TABC License.
  • This provision could be updated to include: “Any approval for these purposes shall not extend the expiration date of the approved Conditional Use Permit.” This would allow a true transfer of the CUP similar to the transfer occurring with TABC.
• Staff recommends keeping option #3 and provides the following for City Council Consideration:
  • Staff’s proposed amendment changes “restaurant permit” which could be interpreted as only restaurants downtown to “conditional use permit” in order to apply more universally.
  • In a recent Code amendment, City Council approved a modification to alcohol CUP that does not allow more than a 3-year approval. Businesses must apply for renewal every 3-years. Staff felt that administrative approval could provide an incentive for businesses to apply on time / early and would allow businesses to obtain their renewals in a more timely manner.
  • The P&Z process provides a level of uncertainty for business owners. This can be intimidating for small business owners. Consider the businesses at 700 N. LBJ Dr. – Umami Sushi, Shai Yo Thai, Toro Ramen – businesses which are mostly contained within the building and regularly follow all the rules of the Code and their specific CUP. Allowing administrative approval could reduce stress for these small business owners.
  • Hotels are another example of a business type which could be negatively impacted by the 3-year approval limitation for reasons similar to those noted above for small restaurant owners. Hotels, even if part of a large chain, can be franchised and face similar challenges of other small business owners.
  • Potential amendment: “… conditional use permit for a use other than a bar which is a facility that primarily sells alcoholic beverages…” we could also tie this to the Red Sign (bar) required by TABC for businesses which derive 51% or more of its income from the sale of alcoholic beverages for on-premises consumption.
  • This provision could be updated to include: Staff understands the concern with the definition of “in good standing” and recommends adding “To be considered in good standing the CUP holder must not hold an expired permit, must not have any police calls related to the sale of alcoholic beverages, and must also be in compliance with all conditions of the approved CUP.”
• Staff recommends adding additional criteria to this section:
  • Administrative approval must not exceed 3-years and all conditions of the Conditional Use Permit must be maintained.

With the above recommendations, the section would read as follows:

1. Administrative Approval. The Responsible Official may administratively approve a renewal or modification of an existing conditional use permit under the conditions below. Otherwise the application shall be considered by the Planning and Zoning Commission in accordance with this section.
   1. Where a new State TABC license or permit is required for a currently licensed or permitted establishment due to a change in the name of the permit holder, the name of the business, or the ownership of the business. Any approval for these purposes shall not extend the expiration date of the approved Conditional Use Permit.
   2. Where remodeling occurs which does not involve the expansion of the existing business.
   3. For renewal of a restaurant permit conditional use permit for a use other than a bar which is a facility that primarily sells alcoholic beverages (OR which holds a Red Handgun Warning Sign required by the Texas Alcoholic Beverage Commission) where the applicant demonstrates that they are in good standing with all requirements under this Development Code and any other statute and has not been assessed any violation values under this section. To be considered in good standing the CUP holder must not hold an expired permit, must not have any police calls related to the sale of alcoholic beverages, and must also be in compliance with all conditions of the approved CUP.
   4. Administrative approval must not exceed 3-years and all conditions of the Conditional Use Permit must be maintained.

 

[JHughson]

Notification requirements.
These could include:
* Better signs in steel frames to ensure they hold up in the wind and other weather
* Distribute more signs in a wider area. Include all intersections within a certain radius (TBD).
* Provide notice via our internal notification system, for which the public can sign up (is this already the case?)
* Use our message trailers at key intersections.
* More social media and more often. Create and maintain a Facebook page that is just planning/zoning related items. And similar for other social media.
Note - I am not including more personal notices to a wider area in this list but it could still be considered.
We need more definition to all of the above - I suggest a committee, and perhaps the committee that was assigned notification improvements months ago. Has that committee ever met?

Business Park- I thought staff was going to provide more info on the no-18-wheeler-loading-docks method of limiting large trucks...

 

[COSM_Admin]

Responses provided by Amanda Hernandez, Director of Planning & Development Services:
Notification requirements.
These could include:
* Better signs in steel frames to ensure they hold up in the wind and other weather Staff has been researching alternate sign options – professionally made, and paid for/installed by the applicant (see attached Subdivision Sign). This change could occur without a Code amendment.
* Distribute more signs in a wider area. Include all intersections within a certain radius (TBD). Staff would need time to consider any implications of this type of change.
* Provide notice via our internal notification system, for which the public can sign up (is this already the case?) Yes, the public can sign up for Planning Application Notices and receive a push notification for certain applications.
* Use our message trailers at key intersections. Staff would need time to consider any implications of this type of change.
* More social media and more often. Create and maintain a Facebook page that is just planning/zoning related items. And similar for other social media. This change could occur without a Code amendment.
Note - I am not including more personal notices to a wider area in this list but it could still be considered.
We need more definition to all of the above - I suggest a committee, and perhaps the committee that was assigned notification improvements months ago. Has that committee ever met?
The ”Notice Committee” has not met. A staff member has been assigned to review the meeting videos when this topic was discussed and is tasked with putting together a packet so we can meet with this group. All of the above items can be added to the packet for consideration.

Business Park- I thought staff was going to provide more info on the no-18-wheeler-loading-docks method of limiting large trucks...
This analysis was provided as part of the presentation on September 19 (see attached Truck Door Slides). In summary, even small buildings used dock-high-doors – Little HEB & the Clovis Barker example photos are included. Staff offered other considerations for council such as building orientation and screening since we can’t ultimately regulate what types of vehicles will serve the property.