San Marcos Planning & Zoning Commission Approves Recommendation Of Demolition Review Process Ordinance

By, Terra Rivers | Managing Editor

On Tuesday, the San Marcos Planning and Zoning Commission approved an ordinance, establishing a demolition review process, to recommend to City Council.

The San Marcos Historic Preservation Commission provided commissioners with a potential amendment at their last meeting; however, on September 10, the Planning and Zoning Commission expressed concerns about the language of the ordinance and the financial impact the ordinance might have on property owners.

HPC’s recommended ordinance establishes a delay period of at least 90 days if a property is determined to be historically significant.

The ordinance would give the HPC the opportunity to begin the designation process to establish the property as a historic landmark with or without the property owner’s consent so long as the designation received a ¾ vote.

The Planning and Zoning commission postponed action on the recommendation at their last meeting and directed staff to bring them an alternate ordinance based on staff’s recommendation.

Staff recommended the following for an alternate demolition review process ordinance:

• Modifies the applicability when not within the boundaries of the Historic Resources Survey
• Removes Neighborhood Commission Meeting Requirement
• Removes landmark designation process
• HPC may issue demolition permit early if there is no finding of significance

The alternate ordinance would reduce the delay period to 45 days, and if needed, the HPC would be able to extend the delay period to a maximum of 180 days. The alternate ordinance would also allow HPC to issue the demolition permit as soon as a property was identified at not historically significant. 

Diana Baker said she agreed with staff’s recommendation to allow the HPC to issue the permit before the 90-day period ends if the property is not historically significant.

“Demolition Delay is not really meant to get in people’s way,” Baker said. “It’s meant to be a last-ditch effort to save properties like the blue building, and things that are generally high priority historic.”

Former Mayor John Thomaides spoke against the demolition review process expressing concerns for the impact on residents, whose properties had been identified as high or medium priority in the Historic Resources Survey.

“I guarantee you that you’re making a decision tonight that’s going to regulate properties by people who have no idea that they are about to be regulated,” Thomaides said. “We now have a right; we purchased those properties without this restriction and now what you are proposing to do in the ordinance in your packet is to add another restriction. You’re taking away a right that we currently have.”

Commissioner Mike Dillon agreed that the city needed something like the demolition review process and said he appreciated the council’s efforts to update the code to protect historically significant buildings.

The P&Z Commission voted 8-1 to recommend the alternate ordinance to City Council. Commissioner Gabrielle Moore voted against.

Related News:

• San Marcos P&Z Commission Postpone Amendment To Development Code Regarding A Demolition Review Period
• San Marcos City Council Passes Temporary Ordinance Regarding Demolition Of Historic Structures
• San Marcos City Council Approves Construction Contract, Grant Applications and Discusses City Appeal Process