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<br />Chapter 1 Development Procedures - Article 7 Watershed Protection Plans <br /> <br />a. Whether the Watershed Protection Plan is consistent with approved <br />legislative applications for the land subject to the plan; <br /> <br />b. Whether the Watershed Protection Plan meets the standards in Chapter <br />5, Article 1, and/or the specific criteria in Chapter 5, Article 3; <br /> <br />c. Whether any proposed mitigation plan offsets the impacts to water <br />quality resulting from increased development within a buffer zone; and <br /> <br />d. Whether the Watershed Protection Plan is consistent with proposed <br />clustering or development transfers outside the plan area. <br /> <br />(3) Reclaimed land - factors. For developments where reclamation of land within <br />the 100-year floodplain is proposed: <br /> <br />a. Whether the Reclamation Concept Plan (which is an element of both <br />phases of the Watershed Protection Plan when reclamation is <br />proposed) is consistent with approved legislative applications for the <br />land subject to the plan, including expressly any master drainage plan <br />elements applicable to the land; <br /> <br />b. Whether the Reclamation Concept Plan (which is an element of both <br />phases of the Watershed Protection Plan when reclamation is <br />proposed) meets the general standards in Chapter 5, Article I, and the <br />specific criteria in Chapter 5, Article 4, Division 2; and <br /> <br />c. Whether any adverse impacts have been appropriately mitigated. <br /> <br />(4) Conditions. The Planning and Zoning Commission or the City Council on <br />appeal may attach such conditions to approval of either phase of a Watershed <br />Protection Plan as are necessary to assure that the Plan meets water quality <br />standards, based on the recommendation of the Engineering Director, a <br />qualified geologist, or a Texas-licensed professional engineer. Conditions <br />may include a requirement to prepare or modify a mitigation plan. <br /> <br />Section 1.7.1.6 <br /> <br />Appeals and Relief Procedures <br /> <br />(a) Appeal. The applicant for either phase of a Watershed Protection Plan or any <br />interested person may appeal the decision of the Engineering Director to the Planning <br />and Zoning Commission. For a Qualified Watershed Protection Plan, the decision of <br />the Commission may be appealed to the City Council, in accordance with Article 10, <br />Division 1 of this Chapter I. The Council may sustain, modify or reverse the <br />Commission's decision. <br /> <br />(b) Variance Petition. The Planning and Zoning Commission may approve a variance <br />from a standard applicable to a Watershed Protection Plan based on a variance <br />petition submitted in accordance with Article 10, Division 2 of this Chapter I, as part <br />of its decision on a Qualified Watershed Protection Plan. In order to grant a variance <br />petition, in addition to all approval criteria identified in Article 10, Division 2, the <br /> <br />City of San Marcos, Texas <br /> <br />1-128 <br /> <br />Land Development Code - Final <br /> <br />It <br /> <br />It <br /> <br />~ <br />