Council approves updated 2023 Development Code

The San Marcos City Council approved the San Marcos Development Code at their regularly scheduled meeting last Tuesday.

The approval came after amendments were offered during the Oct. 2 meeting of the city council.

The expectation is that committees will look at the discussion topics given by the council at the previous meeting and any amendments that develop from those should return to council before the end of the year. At that time, the entire process will begin again including review by the planning and zoning committee, public hearings, a presentation to the council and two different votes by the council.

San Marcos Director of Planning and Development Services Amanda Hernandez said that at the last regularly scheduled meeting on Oct. 2, the council voted to postpone final action and voted on several amendments to the San Marcos Development Code. She said there was a motion to modify the parkland exemption to six units, which was approved in a four to three vote. There was a motion made to modify the rooftop amenities provision, which was approved unanimously.

There was a motion made to deny the occupancy restriction change from two to three, which failed in a three to four vote.

“We think all of that is really good,” Hernandez said. “Staff is recommending approval of the code as it was presented in your last meeting to allow staff and the committees to move forward with those charges separately from this process and come back with amendments in the future.”

San Marcos Mayor Jane Hughson requested that these amendments be fast tracked so that they can be presented to the council before the end of the year. Hernandez said that any changes would need to be presented to the planning and zoning committee before the council as is required by city code.

Hernandez said the discussions made by council that will be sent for the committees to review were occupancy restrictions, alcohol conditional use permit administrative approval criteria improvements and public notification improvements.

San Marcos City Council Member Saul Gonzales wanted to clarify what demolition by neglect was, as it was stipulated in the code and mentioned in the agenda item. Hernandez said that demolition by neglect comes into effect when a building has degraded to the point of becoming a danger due to neglect.

“There’s a process where we can write someone a letter,” Hernandez said. “Let us demolish your building– that way it’s not causing any potential harm to people's health and safety.”

San Marcos City Attorney Sam Aguirre said that demolition by neglect is different when it comes to historical buildings.

“A person may, intentionally … or by virtue of simply not having the money, allow the historic elements to deteriorate at which point we try and stop that deterioration because of its historic character,” Aguirre said. “We try and find a way to see if we can get the building to be restored or stabilized.”

To hear more of the discussion, the meeting can be viewed at this link: sanmarcos- tx.granicus.com/ ViewPublisher.php?view_ id=9 .