San Marcos City Council members voted 5-2 on Jan. 7 to approve a developer's rezoning request to build an apartment complex that had drawn vocal opposition because of its proximity to the San Marcos River.

The Woodlands of San Marcos, a 306-unit, 1,000-bedroom student housing complex, will be constructed on Cape's Camp, the largest remaining parcel of undeveloped land on the San Marcos River within the city limits.

"I would love for all of this land to be parkland, but I think we have done a good job of keeping the river healthy and healthier as we move forward," Councilwoman Kim Porterfield said.

Through an agreement with the city, the apartment developer agreed to donate a 20-acre strip of land along the river, including all of Thompson's Island, for public parkland. When it opens on a date that has not been determined, the park will connect the city's extensive network of riverfront parks on the west side of I-35 with the much smaller Stokes Park on the east side, a long-stated goal for San Marcos.

The apartment will offer a financial boon to San Marcos CISD, Porterfield said.

"This project will not have any impact on the school district, although once it's fully developed out, it's $540,000 in [tax] income for our school district," she said. "That's 10 teachers and basically no increases in enrollment."

Councilmen John Thomaides and Jude Prather cast the dissenting votes.

"I'm not a hydrologist, but I do have common sense," said Thomaides, noting that development of the property could exacerbate flooding on the river and that council approval of the project went against the will of a majority of San Marcos residents.

The council's vote followed more than four hours of public comments, most in opposition to the apartments.

In a nonbinding referendum Nov. 6, three-quarters of San Marcos voters said they wanted the property to be acquired for city parks and open spaces. However, a majority of voters said they did not wish the property to be acquired via the city's power of eminent domain, nor did they wish the city to raise taxes to purchase the estimated 70-acre property.

"The vast majority said we want this parkland. The same percentage said, 'Don't send us a bill,'" Councilman Ryan Thomason said. "People really are all over the board on this subject."

In exchange for council approval, developer Dave Mulkey agreed to give the city the right of first refusal to purchase property on the opposite bank of the river. He also agreed to provide shuttle service to Texas State University.