Item 20: San Marcos Development Code

[COSM_Admin]

Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-72, 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 & 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, and consider approval of Ordinance 2023-72, on the first of two readings.

 

[JHughson]

#1.1 – Does this mean that PZC will no longer see plats unless it’s an appeal?

On #2.1, what will be included in the personal notice? Regarding the meeting at which the Dev Agr will be presented?
A link to the Dev Agr?
Or the entire contents of the Dev Agr? I'm assuming not but some might expect it.

On #2.4 does this imply that there will no longer be private parkland and all must be open to the public?
The wording here works if the property owner is making the private area open to the public but what if the owner does not want to do that?

#3.5 Section 2.8.3.7 – Conditional Use Permit Renewal for alcohol permits. Does this mean that NO alcohol CUP will come before PZC?
How does the applicant demonstrate they are in good standing? Think of how often nearly resident make note of noise issues that the PZC alters conditions to try to fix that problem?

#3.6 d typo - provided is in it twice. Please explain this one.

#4.9 Section 4.4.5.12 General Commercial Building Type. Please explain again why we would want to remove "light” from building type general description?

#5.4 Business Park intent. Where does the word "traffic" go?
Can we require the building to NOT have elevated truck loading/unloading docks so that 18-wheelers would be problematic and rarely used? And require the truck bays to be ground level for smaller type trucks? This could address our concerns about 18-wheeler truck traffic noise. Please advise.

 

[COSM_Admin]

Response provided by Amanda Hernandez, Director of Planning & Development Services:
#1.1 – Does this mean that PZC will no longer see plats unless it’s an appeal? No, P&Z will still see plats that are required to have a public hearing – by state law. An example is a replat of an existing lot.

On #2.1, what will be included in the personal notice? Regarding the meeting at which the Dev Agr will be presented?
A link to the Dev Agr?
Or the entire contents of the Dev Agr? I'm assuming not but some might expect it.
The personal notice will contain the same information as a notice for zoning, for example. The contents of the agreement would be presented in the P&Z and Council packets. Personal notice requirements can be found here: https://user-3vpeqil.cld.bz/San-Marcos-Development-Code-effective-November-3-2021/30/

On #2.4 does this imply that there will no longer be private parkland and all must be open to the public? No, the City does not regulate private parkland. This section only addresses the parkland (or fee) needed to satisfy the dedication requirement.
The wording here works if the property owner is making the private area open to the public but what if the owner does not want to do that? The wording is intended to ensure the dedicated parkland is accessible to the public. Any open space / parks that are not part of the dedication requirement can remain private / gated / etc.

#3.5 Section 2.8.3.7 – Conditional Use Permit Renewal for alcohol permits. Does this mean that NO alcohol CUP will come before PZC? No, P&Z is still the primary decision maker for CUP.
How does the applicant demonstrate they are in good standing? Think of how often nearly resident make note of noise issues that the PZC alters conditions to try to fix that problem? An applicant would demonstrate they are in good standing by complying with the Code, complying Conditions on the CUP, not be expired, not have any complaints. Staff will still conduct a thorough review of every CUP and if there is a concern or complaint, we would take the CUP to P&Z.

#3.6 d typo - provided is in it twice. Please explain this one. Staff can address the typo in the final document. This one is complicated; I can include graphics in the presentation to help explain better. In summary, this is dealing with double fronting lots, which aren’t technically allowed in Code, but are sometimes a better / safer option for subdivision layout – specifically if the lots are on a major roadway.

#4.9 Section 4.4.5.12 General Commercial Building Type. Please explain again why we would want to remove "light” from building type general description? This building type is applicable in a variety of zoning districts. It is the only commercial / industrial building type and applies to both heavy and light industrial zoning districts. Because it currently says “light industrial” it has caused confusion even though HI (heavy industrial) is listed at the top of the page.

#5.4 Business Park intent. Where does the word "traffic" go? BP is intended to accommodate commercial and the lightest industrial uses which by nature are relatively compatible with other less intense zoning categories. Development should be operated in a clean and quiet manner, and should not cause excess light, odor, noise, traffic or otherwise be obnoxious to nearby residential or commercial uses
Can we require the building to NOT have elevated truck loading/unloading docks so that 18-wheelers would be problematic and rarely used? And require the truck bays to be ground level for smaller type trucks? This could address our concerns about 18-wheeler truck traffic noise. Please advise. This is not something we currently regulate, but we do regulate building design elsewhere. Staff will consider this amendment and provide a recommendation at the meeting. Initial thoughts are that little HEB & Walmart (for example) do not have raised loading docks and still accommodate large trucks and regulating the types of vehicles that can traverse public streets then onto private property may not be possible.

 

[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.