Res 2025-076 approving a request for a Conditional Use Permit in Case No. CUP-25-02, to allow a purpose-built student housing development generally located between West Hutchison Street and Pat Garrison Street

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Exhibit A: CUP-25-02 Conditions for City Council Consideration (Approved April 15, 2025) 1) The development shall register with the City of San Marcos Long Term Rental Registration program per Chapter 34, Article 7, Division 3 of the City's Code. 2) The lease shall be made publicly available on the property's website. 3) The lease shall contain the following text: In accordance with Development Code Section 5.1.4.9 Purpose-Built Student Housing, B Use Standards, 1 Student Leases, any residential dwelling lease that is executed and effective before the issuance of a certificate of occupancy by the City enabling the tenant to occupy the premises shall include a late delivery provision providing as follows: "In the event the Leased Premises are unavailable for occupancy on or before the commencement date of this Lease, Landlord shall offer Tenant the choice of: 1) accepting temporary safe, decent, and sanitary housing, provided by the Landlord, at an alternate location within the City of San Marcos, or within a seven mile radius of the Leased Premises, with Tenant remaining bound by the terms of the lease; or 2) terminating the Lease with no financial penalty and with full reimbursement to Tenant of all deposits and pre-paid items within 10 days" This condition will no longer apply to any lease for a unit with a move in date that is on or after the date the City has issued a certificate of occupancy enabling the tenant to occupy the unit. 4) The development shall offer both individual leases and conventional leases where units may be rented in their entirety. 5) The development shall comply with a parking calculation of 0.70 spaces per bedroom. 6) The developer shall not sell the property to a non-taxpaying entity for 12 years from the issuance of their Certificate of Occupancy. The condition prohibiting sale to a tax-exempt entity for 12 years from the date of the issuance of the Certificate of Occupancy shall be memorialized in a restrictive covenant approved by the city attorney that is recorded in the Official Public Records of Hays County. 7) Right-of-way shall be dedicated to the extent that the standards of the San Marcos Design Manual Section B.4.1.4, Downtown Cross Sections, and the Development Code are met. S) This CUP shall expire within 3 years unless an application for a permit is submitted to the City. 9) The development shall comply with all other development code regulations. Packet materials are provided for informational purposes only. 10)The number of bedrooms shall be limited to 5. 11)The pool deck shall be screened so as not to be visible from the HEB parking lot.