San Marcos City Hall. Photo by Andy Sevilla.
San Marcos city staff announced Thursday afternoon that the zoning procedure for a little more than one-fourth of the controversial Buie Tract development will have to be started over after it was discovered that some affected property owners weren’t notified of the proposed changes.
The action applies to 12.88 acres that front Franklin Street. The entire tract is 174.24 acres, but only 46.15 acres are projected for development, allowing for 459 units, 453 of which are projected for tract 1. The Buie Tract is adjacent to the Franklin Square, Oak Heights, and Westover neighborhoods in the western portions of the city.
City officials said that, due to a computing error, the city’s 2009 tax roll did not pick up six property owners who had recently obtained their parcels from the original owners. When city staffers verified the error late Wednesday, they invalidated the original proposed mixed use zoning and required the developer to begin the process over again.
State law requires cities to notify all property owners within 200 feet of a proposed zoning change. City staff manually checked the other parcels with the 2009 certified appraisal roles, and they were found to be in compliance with state notification requirements, with all property owners properly notified.
The Buie Tract is within the Edwards Aquifer Recharge Zone and serves as ranchland. Owners, Edward R. Coleman and Gordon Muir of Craddock Avenue Partners, LLC, want to change the city’s land use map and zoning designations to allow more density. The property owners won three new zoning designations from the city council in a 4-3 vote last week. Each new zoning allowed increased density.
San Marcos residents in opposition to the zoning changes allege that council would be deviating from the Horizons Master Plan by approving the changes, a move some called “disrespectful” to the hard work put forth by the citizenry who helped formulate the plan nearly 10 years ago.
The 12.88 acres in question were rezoned from single family (SF-6) to mixed use (MU) at last week’s city council meeting.
The zoning case will start over with consideration at the city’s planning and zoning commission (P&Z) on May 25.
The land use and zoning decisions made by the city council regarding the other 33 acres of Buie property on May 4 stand approved unless the city council decides otherwise at its May 18 meeting. The council will be updated on the 12.88-acre portion at that meeting and bring forward the other changes for reconsideration, as common procedure requires.
Franklin Square homeowner Joe Schneider said he has submitted a new petition with signatures from Franklin Square homeowners to protest the zoning change proposal. If owners of 20 percent of the property to be affected within a 200-foot radius of a zoning change sign such a petition, then the city council would need a 6-1 super-majority to approve the change.
Schneider submitted a similar petition at the city council’s May 4 meeting against the change, but city staff ruled that he hadn’t gathered a sufficient number of signatures.
Associate Editor Andy Sevilla contributed to this report.Email | Print