Staff Report
The San Marcos City Council last week approved four zoning requests for a development on the east side of San Marcos on the first of two readings.
The request was submitted by the Mayan to rezone 38 acres to light industrial, 42 acres as Character District 5, 78 acres as Character District 4, and 220 acres as character district 3.
The developer did request that 12.5 acres be removed from the request for the CD-5 request due to being located within the Flood Plain.
The property was annexed into the San Marcos City limits in 2008 and is adjacent to the future FM 110.
It is currently vacant and surrounded almost exclusively by vacant, rural/agricultural land as well as the San Marcos River to the northern-most extent of the tract according to the agenda.
According to the agenda, staff the proposed zoning changes is not preferred and not compatible with the surrounding uses; however, “the subject property’s location abutting the proposed FM 110 San Marcos eastern loop may provide justification for support.”
Staff’s recommendation states the request meets the intent of an Employment Corridor identified on the Preferred Scenario Map.
During the August 11 Planning and Zoning Commission meeting, the commission voted 6-3 to deny the request after discussing whether or not the allowed uses in CD-5 and LI would be appropriate for property fronting FM 110.
The developer has agreed to signing a restrictive covenant to prohibit four uses allowed under the Light Industrial designation from being built in the development.
Those uses included:
Mayor Jane Hughson and Councilwoman Melissa Derrick both said they were immediately concerned when they initially saw the Light Industrial zoning.
However, the developer said they intended to leave the area closest to the river undeveloped and even protect it.
According to David Earl, a representative of the project, the developed portion of the property is over 3,000 feet of the river.
“Part of the river does touch on the property, and we’re going to be very careful about that,” Earl said. “That is a precious resource to us, and we want to make sure nothing happens down the river that would be inappropriate or improper. We intend to use that as an amenity for the people in the area.”
Earl said what the development needs to LI zoning for is primarily its allowance for professional offices, medical facilities including hospitals, indoor recreation such as gyms and health clubs and several other items.
The City of San Marcos and the Mayan are currently negotiating a settlement for litigation regarding the property.
Council Member Maxfield Baker said he wasn’t super thrilled about the project being Light Industrial and near the river, but given the predicament, it’s sort of negotiating from their back foot.
The zoning requests were passed unanimously by the council on the first of two readings.
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