Item 30: Text Amendments to San Marcos Land Development Code

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COSM_Admin

Administrator
Staff member
Receive a staff update and consider, by motion, the initial authorization of text amendments
to the San Marcos Land Development Code to address typographical and technical errors,
and to implement changes related to engineering requirements, residential garage and
access standards, the use of self storage and outdoor storage, allowable uses in CD-2.5
and ND-3.2 and provide direction to Staff.
 

JHughson

CoSM Members
For many of these, there is no reason for justification provided. Will all that be covered in the presentation. That makes for a longer meeting. In the packet would be very useful.

What is the source of the changes from Engineering?

Page 5 of 28 Garages,
Why are side and detached garages now deleted? Won't we still allow those? If we do, we need the Figures back, too.)
Alley-loaded is addressed in (f) so why is figure 7.5 - alley-loaded garage lined out as if removed?

Page 6 of 28 Chapter 3. Subdivisions, Section 3.6.4.2, B Pedestrian Access, 1 a. Single or two-unit living. Why is this marked for deletion? Or the question is really, why was is there as an exempt use in the first place since you are now UNexempting it? If you have walked any neighborhoods you know that having just the driveway and some concrete from the driveway to the front door doesn't work to get one from the street to the door if there are two cars in the driveway. GLAD TO SEE THIS FIX!

Page 6 of 28 4.3.5.11 Front Porch
I don't see anything about the porch columns being a certain minimum width which would be to allow plenty of space for EMS to access the interior of the home as we discussed at a recent meeting.
Hmm. On page 7 4.3.5.1 Residential Front Door Requirements - I see the front door requirements address this , but the spacing is on the porch columns. Why wouldn't we address it there? Or at least reference the change in the porch requirements to look here for details.

Page 8 of 28 Outdoor Storage under 5.1.3.2 Accessory Uses.
B 2 b. No taller than what part of the primary building? The very top of the roof? The eaves? If it's for a vehicle, especially a large RV, it's going to have to be tall. Need more definitive information here.
Good to see the new information on stand-along self storage businesses.
Under B 1 "The conduct of sales, business or any other activity other than storage, shall be prohibited." - what about the office for the business? Many have an office on-site.

Land Use Table -
What is "CM" that is replacing "EC"? GLAD TO SEE COMMERCIAL USED AGAIN!
Why is the Outdoor Storage, accessory, changing from L to P in two cases under Accessory?
We need this type of storage facilities added to the Land Use Table under Commercial uses instead of Industrial???Under Industrial, where Self Storage is shown, it looks like all uses P and C are lined out. I can't tell what the changes are supposed to be.

Page 14 of 28, are we just now getting ND 3.2 and CD 2.5 into the Land Use Matrix?
Why is Urban Farm C in CD-2.5, CD-5 and CD-5D and CD 3 and 4 are L? That doesn't seem right.
Why is Community Home an L in CD-2.5 but P in CD-2, 3, 4, 5, 5D? Seems inconsistent since CD-2.5 is between CD-2 and CD-3.
And didn't we rename CD-5D to something else?

Page 16 of 28
Why is Day Care Center not allowed in CD 2.5 but C in CD-2 and CD-3?

Page 18 of 28. Section 2.1.1.1 Classification of Applications & Decisions; Rules Governing Decision-Making
Table 2.1
What is "Administrative Certificate of Appropriateness"?

Page 19 of 28
Why is AR removed from the Table 4.12 Conventional Residential District list? Is it moved elsewhere?

Everywhere - are all references to a zoning district hyphenated now as in CD-4 so we can search for them. There were some without hyphens. Supposed to be with last update.

Page 20 of 28
Section 4.4.6.9 Apartment
Why is the courtyard section deleted?

Page 20 of 28, Section 4.5.2.1 Historic District N. Demolition by Neglect
Should there be a timeframe here? Or do we want to give staff full discretion?

Page 21 of 28. Legacy districts. Section 9.2.2.5 CC, Community Commercial
We are using "compatible with the CC" in the purpose/definition of CC. " Doesn't make sense to me. Could just leave this sentence out. It doesn't help define it.
Where do the uses of the former O/P, Office Professional go now? CD-4 and/or CD-5?
 

JHughson

CoSM Members
What about existing homes?
What rules are in place for homes already built?
I'm thinking only rules about detached garages would apply. Correct?
Please provide two sets of answers:
With the rules now.
And if we pass these changes.
 

COSM_Admin

Administrator
Staff member
Responses provided by Shannon Mattingly:
For many of these, there is no reason for justification provided. Will all that be covered in the presentation. That makes for a longer meeting. In the packet would be very useful.



What is the source of the changes from Engineering?


Engineering identified changes to clarify wording based upon comments received during permit reviews.



Page 5 of 28 Garages,

Why are side and detached garages now deleted? Won't we still allow those? If we do, we need the Figures back, too.)

Alley-loaded is addressed in (f) so why is figure 7.5 - alley-loaded garage lined out as if removed?


The new redlined text in this section was written to still allow for semi-flush, recessed, side loaded, and detached garage scenarios. In other words, the new redlined text does not prohibit a homeowner from constructing those types of garages. For simplicity, we removed the language and images. We did keep the alley-loaded text and image because this language is more unique and specific to that garage type.



Page 6 of 28 Chapter 3. Subdivisions, Section 3.6.4.2, B Pedestrian Access, 1 a. Single or two-unit living. Why is this marked for deletion? Or the question is really, why was is there as an exempt use in the first place since you are now UNexempting it? If you have walked any neighborhoods you know that having just the driveway and some concrete from the driveway to the front door doesn't work to get one from the street to the door if there are two cars in the driveway. GLAD TO SEE THIS FIX!


The previous intent of Section 3.6.4.2 was for it to apply to commercial uses only, but based on conversations with Fire and EMS staff during many of the previous garage conversations, we have added this language to assist them in their emergency response when accessing a home.



Page 6 of 28 4.3.5.11 Front Porch

I don't see anything about the porch columns being a certain minimum width which would be to allow plenty of space for EMS to access the interior of the home as we discussed at a recent meeting.

Hmm. On page 7 4.3.5.1 Residential Front Door Requirements - I see the front door requirements address this , but the spacing is on the porch columns. Why wouldn't we address it there? Or at least reference the change in the porch requirements to look here for details.


Yes, we can also add additional language to emphasize having clear widths for EMS access between porch columns in Section 4.3.5.11 (Front Porch). We will make this change prior to the amendments being considered by Planning and Zoning Commission.



Page 8 of 28 Outdoor Storage under 5.1.3.2 Accessory Uses.

B 2 b. No taller than what part of the primary building? The very top of the roof? The eaves? If it's for a vehicle, especially a large RV, it's going to have to be tall. Need more definitive information here. Staff will evaluate this further and be more specific with language here.

Good to see the new information on stand-along self storage businesses.

Under B 1 "The conduct of sales, business or any other activity other than storage, shall be prohibited." - what about the office for the business? Many have an office on-site. The portion of the business that is used as an "office" for the business would be allowed and would fall under the use of "office" in the Land Use Matrix.



Land Use Table -

What is "CM" that is replacing "EC"? GLAD TO SEE COMMERCIAL USED AGAIN! Yes, we found it was very confusing to have an Employment Center zoning district and an Employment Center Comprehensive Plan designation on the preferred scenario map. Therefore, we are proposing a new name of "Commercial (CM)" for the zoning district.

Why is the Outdoor Storage, accessory, changing from L to P in two cases under Accessory? On page 8 of 28, we made the "limited standards" (screening) just a general standard for all outdoor storage because we wanted the screening standards to apply to all outdoor storage, not just those that were designated as Limited. To do this, we also needed to change references of "L" outdoor storage to "P" in the Land Use Matrix.

We need this type of storage facilities added to the Land Use Table under Commercial uses instead of Industrial???Under Industrial, where Self Storage is shown, it looks like all uses P and C are lined out. I can't tell what the changes are supposed to be. We will clean this page up prior to going to the Planning and Zoning Commission so the redline is more clear. The intent is that "Self Storage" is no longer permitted in any district and is only allowed as a Conditional use in CM zoning.



Page 14 of 28, are we just now getting ND 3.2 and CD 2.5 into the Land Use Matrix? Yes

Why is Urban Farm C in CD-2.5, CD-5 and CD-5D and CD 3 and 4 are L? That doesn't seem right. Yes, staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.

Why is Community Home an L in CD-2.5 but P in CD-2, 3, 4, 5, 5D? Seems inconsistent since CD-2.5 is between CD-2 and CD-3.

And didn't we rename CD-5D to something else? I do not recall a renaming of this district.



Page 16 of 28

Why is Day Care Center not allowed in CD 2.5 but C in CD-2 and CD-3? Staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.



Page 18 of 28. Section 2.1.1.1 Classification of Applications & Decisions; Rules Governing Decision-Making

Table 2.1

What is "Administrative Certificate of Appropriateness"? Per Section 2.5.6.1(B) - an administrative Certificate of Appropriateness is required for the painting of structures located within the Downtown Historic District



Page 19 of 28

Why is AR removed from the Table 4.12 Conventional Residential District list? Is it moved elsewhere? AR is a Legacy District and can be found in Chapter 9. It was a typo that it was left in table 4.12.



Everywhere - are all references to a zoning district hyphenated now as in CD-4 so we can search for them. There were some without hyphens. Supposed to be with last update. Staff will double check this and provide an updated version prior to Planning and Zoning Commission.



Page 20 of 28

Section 4.4.6.9 Apartment

Why is the courtyard section deleted? The "Courtyard" table that is deleted in the redline was a typo and does not belong in the Apartment building type. It belongs in the Courtyard Building Type and is currently correctly shown there.



Page 20 of 28, Section 4.5.2.1 Historic District N. Demolition by Neglect

Should there be a timeframe here? Or do we want to give staff full discretion? This can be added at the Council's request.


Page 21 of 28. Legacy districts. Section 9.2.2.5 CC, Community Commercial

We are using "compatible with the CC" in the purpose/definition of CC. " Doesn't make sense to me. Could just leave this sentence out. It doesn't help define it. Understood - staff will remove this sentence.

Where do the uses of the former O/P, Office Professional go now? CD-4 and/or CD-5? The uses for Office Professional (OP) can be found in Chapter 9 in Section 9.3.1.2 Land Use Matrix.
 

COSM_Admin

Administrator
Staff member
Remaining questions to Responses to LDC amendments questions May 4 2021 meeting. Responses by Mattingly:
For many of these, there is no reason for justification provided. Will all that be covered in the presentation. That makes for a longer meeting. In the packet would be very useful.

I stand by this.

Please see the attached table.


Page 5 of 28 Garages,
Why are side and detached garages now deleted? Won't we still allow those? If we do, we need the Figures back, too.)
Alley-loaded is addressed in (f) so why is figure 7.5 - alley-loaded garage lined out as if removed?

The new redlined text in this section was written to still allow for semi-flush, recessed, side loaded, and detached garage scenarios. In other words, the new redlined text does not prohibit a homeowner from constructing those types of garages. For simplicity, we removed the language and images. We did keep the alley-loaded text and image because this language is more unique and specific to that garage type.

So where is the text that allows them and provides specifications? The deletions in the text can only lead me to think that we won’t allow them anymore if we only have two, Front loaded attached and alley-loaded. I can’t find other references in the code. If we accept the redline, the others will be gone. Staff can add semi-flush, recessed, side-loaded, and detached garages and their associated images back into the Development Code.

AND it’s C, not B under 7.1.4.1 in the current code PDF. Or are you proposing to delete the current section B which is about Alternative Compliance? That’s not shown here. Yes, it should be C, we will update that letter prior to going to the Planning and Zoning Commission.

And I think the graphics are extremely helpful. Not sure why we would delete them. Staff can add semi-flush, recessed, side-loaded, and detached garages and their associated images back into the Development Code.



Page 8 of 28 Outdoor Storage under 5.1.3.2 Accessory Uses.

Under B 1 "The conduct of sales, business or any other activity other than storage, shall be prohibited." - what about the office for the business? Many have an office on-site. The portion of the business that is used as an "office" for the business would be allowed and would fall under the use of "office" in the Land Use Matrix.

This isn’t making sense to me. This would be the office of the self storage unit business. Why would it be under two different uses in the matrix? I think it would be easy enough to add something like “except for the office of the self storage business”

To address this concern, we can ament B.1 to state: The conduct of sales, business or any other activity other than storage and the associated leasing office of the self-storage business, shall be prohibited.


Land Use Table -
Outdoor Storage
We need this type of storage facilities added to the Land Use Table under Commercial uses instead of Industrial???Under Industrial, where Self Storage is shown, it looks like all uses P and C are lined out. I can't tell what the changes are supposed to be. We will clean this page up prior to going to the Planning and Zoning Commission so the redline is more clear. The intent is that "Self Storage" is no longer permitted in any district and is only allowed as a Conditional use in CM zoning.

I’ll need to understand why not in LI or HC because that could be what the zoning already is. Would we want to force them to rezone to CM just to put in storage units? Only with Conditions, of course. That was an excellent idea!
Correct, staff is proposing that if a property is currently zoned LI or HC and the property owner wants to install self-storage, they would need to rezone to CM and receive a Conditional Use Permit so that staff, Planning Commission, and City Council can determine whether the location is suitable or add necessary conditions.






Why is Urban Farm C in CD-2.5, CD-5 and CD-5D and CD 3 and 4 are L? That doesn't seem right. Yes, staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.

Do we need to talk about this on May 4th? Staff proposed that Urban Farm be “C” because that mirrors what is indicated in the SF-6 zoning district, however, we can revise that if desired.


Why is Community Home an L in CD-2.5 but P in CD-2, 3, 4, 5, 5D? Seems inconsistent since CD-2.5 is between CD-2 and CD-3. Staff proposed that Community Home be “L” because that mirrors what is allowed in SF-6 zoning, however, we can revise that if desired.

And didn't we rename CD-5D to something else? I do not recall a renaming of this district.

I was thinking about the “N-MS” district, not CD-5D. My bad…note the time of my questions…(2.05 am)!

Point was that we’ve only had two requests and neither was for downtown or the main street area. I thought it was on the last list of approvals, but I can’t find it. So I’ll ask about it on Tuesday.


Page 16 of 28
Why is Day Care Center not allowed in CD 2.5 but C in CD-2 and CD-3? Staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.

Do we need to talk about this on May 4th? Staff proposed that Day Care be not permitted in CD-2.5 because that mirrors what is indicated for SF-6, however, we can revise that if desired.



Page 20 of 28, Section 4.5.2.1 Historic District N. Demolition by Neglect
Should there be a timeframe here? Or do we want to give staff full discretion? This can be added at the Council's request.

Why is the recommendation no timeframe? Trying to support the staff recommendation but I need info.

In Section 4.5.2.1.N.3.F the code states that if the property owner is cited for the condition of demolition by neglect they are required to submit to staff a stabilization proposal within 14 days of that decision. Section 4.5.2.1.N.3.G (which is being corrected with this code update) will now state that if they do not submit the stabilization proposal, then the matter is turned over to the City Attorney. The Legal department can provide more information on the timeframe for the City Attorney legal process.


And this question remains.

Page 21 of 28. Legacy districts. Section 9.2.2.5 CC, Community Commercial
Where do the uses of the former O/P, Office Professional go now? CD-4 and/or CD-5? The uses for Office Professional (OP) can be found in Chapter 9 in Section 9.3.1.2 Land Use Matrix.

I should have been more specific. My question is - in which CURRENT zoning district (not a legacy district) would those uses go?

The use of “Professional Office” in the Land Use Matrix is limited in ND-4 and CD-4. It is permitted in N-CM, CD-5, CD-5D, HC, LI, and EC. It is prohibited in all other districts.
 

COSM_Admin

Administrator
Staff member
Justification
Remaining questions to Responses to LDC amendments questions May 4 2021 meeting. Responses by Mattingly:
For many of these, there is no reason for justification provided. Will all that be covered in the presentation. That makes for a longer meeting. In the packet would be very useful.

I stand by this.

Please see the attached table.


Page 5 of 28 Garages,
Why are side and detached garages now deleted? Won't we still allow those? If we do, we need the Figures back, too.)
Alley-loaded is addressed in (f) so why is figure 7.5 - alley-loaded garage lined out as if removed?

The new redlined text in this section was written to still allow for semi-flush, recessed, side loaded, and detached garage scenarios. In other words, the new redlined text does not prohibit a homeowner from constructing those types of garages. For simplicity, we removed the language and images. We did keep the alley-loaded text and image because this language is more unique and specific to that garage type.

So where is the text that allows them and provides specifications? The deletions in the text can only lead me to think that we won’t allow them anymore if we only have two, Front loaded attached and alley-loaded. I can’t find other references in the code. If we accept the redline, the others will be gone. Staff can add semi-flush, recessed, side-loaded, and detached garages and their associated images back into the Development Code.

AND it’s C, not B under 7.1.4.1 in the current code PDF. Or are you proposing to delete the current section B which is about Alternative Compliance? That’s not shown here. Yes, it should be C, we will update that letter prior to going to the Planning and Zoning Commission.

And I think the graphics are extremely helpful. Not sure why we would delete them. Staff can add semi-flush, recessed, side-loaded, and detached garages and their associated images back into the Development Code.



Page 8 of 28 Outdoor Storage under 5.1.3.2 Accessory Uses.

Under B 1 "The conduct of sales, business or any other activity other than storage, shall be prohibited." - what about the office for the business? Many have an office on-site. The portion of the business that is used as an "office" for the business would be allowed and would fall under the use of "office" in the Land Use Matrix.

This isn’t making sense to me. This would be the office of the self storage unit business. Why would it be under two different uses in the matrix? I think it would be easy enough to add something like “except for the office of the self storage business”

To address this concern, we can ament B.1 to state: The conduct of sales, business or any other activity other than storage and the associated leasing office of the self-storage business, shall be prohibited.


Land Use Table -
Outdoor Storage
We need this type of storage facilities added to the Land Use Table under Commercial uses instead of Industrial???Under Industrial, where Self Storage is shown, it looks like all uses P and C are lined out. I can't tell what the changes are supposed to be. We will clean this page up prior to going to the Planning and Zoning Commission so the redline is more clear. The intent is that "Self Storage" is no longer permitted in any district and is only allowed as a Conditional use in CM zoning.

I’ll need to understand why not in LI or HC because that could be what the zoning already is. Would we want to force them to rezone to CM just to put in storage units? Only with Conditions, of course. That was an excellent idea!
Correct, staff is proposing that if a property is currently zoned LI or HC and the property owner wants to install self-storage, they would need to rezone to CM and receive a Conditional Use Permit so that staff, Planning Commission, and City Council can determine whether the location is suitable or add necessary conditions.






Why is Urban Farm C in CD-2.5, CD-5 and CD-5D and CD 3 and 4 are L? That doesn't seem right. Yes, staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.

Do we need to talk about this on May 4th? Staff proposed that Urban Farm be “C” because that mirrors what is indicated in the SF-6 zoning district, however, we can revise that if desired.


Why is Community Home an L in CD-2.5 but P in CD-2, 3, 4, 5, 5D? Seems inconsistent since CD-2.5 is between CD-2 and CD-3. Staff proposed that Community Home be “L” because that mirrors what is allowed in SF-6 zoning, however, we can revise that if desired.

And didn't we rename CD-5D to something else? I do not recall a renaming of this district.

I was thinking about the “N-MS” district, not CD-5D. My bad…note the time of my questions…(2.05 am)!

Point was that we’ve only had two requests and neither was for downtown or the main street area. I thought it was on the last list of approvals, but I can’t find it. So I’ll ask about it on Tuesday.


Page 16 of 28
Why is Day Care Center not allowed in CD 2.5 but C in CD-2 and CD-3? Staff will take a further look at the Land Use Matrix for CD-2.5 for any tweaks and can provide an updated version prior to Planning and Zoning Commission.

Do we need to talk about this on May 4th? Staff proposed that Day Care be not permitted in CD-2.5 because that mirrors what is indicated for SF-6, however, we can revise that if desired.



Page 20 of 28, Section 4.5.2.1 Historic District N. Demolition by Neglect
Should there be a timeframe here? Or do we want to give staff full discretion? This can be added at the Council's request.

Why is the recommendation no timeframe? Trying to support the staff recommendation but I need info.

In Section 4.5.2.1.N.3.F the code states that if the property owner is cited for the condition of demolition by neglect they are required to submit to staff a stabilization proposal within 14 days of that decision. Section 4.5.2.1.N.3.G (which is being corrected with this code update) will now state that if they do not submit the stabilization proposal, then the matter is turned over to the City Attorney. The Legal department can provide more information on the timeframe for the City Attorney legal process.


And this question remains.

Page 21 of 28. Legacy districts. Section 9.2.2.5 CC, Community Commercial
Where do the uses of the former O/P, Office Professional go now? CD-4 and/or CD-5? The uses for Office Professional (OP) can be found in Chapter 9 in Section 9.3.1.2 Land Use Matrix.

I should have been more specific. My question is - in which CURRENT zoning district (not a legacy district) would those uses go?

The use of “Professional Office” in the Land Use Matrix is limited in ND-4 and CD-4. It is permitted in N-CM, CD-5, CD-5D, HC, LI, and EC. It is prohibited in all other districts.
 

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