A decision on whether or not to grant a warrant request for a developer looking to build a nine-story multifamily development in downtown San Marcos will be made Jan. 28.

The San Marcos Planning and Zoning Commission heard more than an hour of public comments and discussion on the proposed development, which would include 4,000 square-feet of retail space on the first floor, a 1,250-square-foot first-floor outdoor patio, two levels of parking and 95 housing units containing 344 bedrooms.

Jim Garber, a San Marcos resident, said he hoped the commission would pursue additional public input. The effect the development could have downtown is huge, he said.

"How you rule on this will set the tone for downtown for probably the next 100 years," Garber said. "Surely if this is approved, more will follow. That may be a good thing or that may not be a good thing. I really don't know. If there were ever a project that begged for stakeholder input, this is it."

The development is subject to the regulations of the city's SmartCode, which guides development in and around downtown and limits the number of stories for buildings in that area to five. According to city staff, the additional height being requested meets the intent of the SmartCode because "it will help meet the housing need created by the university in a way that offers an opportunity to live a car-free lifestyle."

Many residents voiced concern about the effect the development would have on parking downtown as well as the change it would bring to the area's landscape.

Melissa Derrick said the 9-story building would be an "eyesore," and she said the commission has already granted too many warrant requests in the two years since the SmartCode was adopted in 2011.

"Our codes are pretty clear-cut," she said. "I've read them all. I would like someone to explain to us why we can even consider this project, and I would also like to know why we are offering warrants such as what was done for the Meeks to build the CVS at Nelson Center and for Carson, when the SmartCode has only been in effect for two years."

Carson said the city's Downtown Master Plan, SmartCode and Comprehensive Plan all call for increased density downtown, and his project aims to address that.

"We've thought a lot about those documents and really tried to drive the design of this project to meet the intent of those visions the community has laid out, so we're excited to be bringing the project forward," Carson said.

The San Marcos Fire Department has stated that it "cannot adequately protect buildings above six stories," according to a staff presentation at the commission's meeting Jan. 14.

Carson countered that the Embassy Suites Hotel, Spa and Conference Center on McCarty Lane is taller than six stories, as are many buildings on Texas State's campus. Additionally, the Planning and Zoning Commission approved a similar warrant request for a 13-story development in the SmartCode district, Carson said. That project, which is known as Concho Commons, includes 13 stories and 310 housing units.

The development is considered a mid-rise structure, but is being built to high rise standards, which include fire-resistive non-combustible construction, an enhanced sprinkler system, ventilated corridors, three internal stairwells and standpipes on each level.

Carson said he hopes to begin construction of the project in late spring 2014 and is aiming for an opening in late summer 2015.

Commissioner Travis Kelsey made a motion to postpone a decision on the warrant request until city staff had gathered more input from the fire department and stakeholders. Commissioner Kenneth Ehlers added an amendment that put a two-week limit on the input process.