Page 2 - San Marcos, TX Development Code
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        Subdivisions                                                                                            C H A PT E R





            3.  The Responsible Official shall consider the following   Section 3.8.1.4  Administrative Adjustment Findings
               criteria when evaluating a request for fee-in-lieu of
               construction:                                    A.  The Responsible Official may in accordance with Section
                                                                    3.6.1.1 approve an existing street design adjustment, subject to
               a.  Proximity to the nearest existing sidewalk;      all of the following findings:

               b.  Proximity to public facilities, such as public or private   1.  The approved adjustment meets the intent of this Article;
                   schools, libraries and other government buildings;
                                                                    2.  The approved adjustment conforms with the
               c.  The percentage of the block face that would be       Comprehensive Plan and adopted City plans;
                   improved with the construction of the streetscape
                   improvements.                                    3.  The approved adjustment does not increase congestion or
                                                                        compromise safety;
               d.  Whether any public sidewalk improvements are
                   planned or contemplated in the area; and         4.  The approved adjustment does not create additional
                                                                        maintenance responsibilities for the City; and
               e.  Any other information deemed appropriate in the
                   professional judgment of the Responsible Official.  5.  The approved adjustment has been designed and certified
                                                                        by a Professional Engineer.
            4.  Sidewalk Benefit Areas. The City shall establish a
               separate sidewalk account. The funds in the account shall   Section 3.8.1.5  Streetscape Types
               be earmarked solely for the development of sidewalks   The required streetscape type is determined by the zoning district
               either in the Comprehensive Plan Area in which the lot   or building type.  Additional design specifications for streetscape
               is located, or for regional sidewalk connectivity that will   improvements can be found in the Design Manual.
               benefit all of the citizens of San Marcos. The City shall
               expend cash contributions within ten years of the date any
               such contribution is made.

        Section 3.8.1.3  Nonconforming Streetscapes
        A.  Where a streetscape along an existing street is constrained by
            an existing building, the Responsible Official may adjust the
            streetscape standards to the minimum extent necessary to
            accommodate the existing area between the face of the building
            and back of curb.
        B.  The standards shall be modified in the following order:

            1.  Reduce or eliminate the planting area or consider counting
               a forecourt in a new development towards the required
               planting area.

            2.  If necessary, replace large canopy trees with small trees
               that are more appropriate for the reduced area. If the
               planting zone is eliminated, create a bumpout to provide
               for tree planting.

            3.  Reduce the sidewalk to the minimum width necessary to
               accommodate ADA accessibility.



                                                                                                                 3:55
                                                    Downtown Design Final Draft: February 2021   San Marcos Development Code   3:55
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