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<br />4 <br /> <br />41 <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 7 Watershed Protection Plans <br /> <br />Commission must first determine that development in accordance with the variance <br />will not result in violation of the water quality standards contained in the TCEQ <br />Edwards Aquifer rules. The Planning and Zoning Commission shall make written <br />findings concerning its decision on the variance petition, which shall be incorporated <br />into the official minutes of the Commission meeting at which the petition and the <br />Qualified Watershed Protection Plan are decided. In making the findings required in <br />this subsection, the Planning and Zoning Commission shall take into account the <br />alternatives that will achieve the purpose and intent of this Article, and the probable <br />effect of the variance upon preservation of water quality. The approval of a variance <br />petition shall require the affirmative vote of three-fourths of the Commission <br />members present. <br /> <br />(c) Vested Rights Petition. Where an applicant claims exemption from one or more <br />requirements applicable to a Watershed Protection Plan (Phase 1 and/or Phase 2, or <br />Qualified) under this Land Development Code on grounds of vested rights, the <br />applicant may submit a vested rights petition prepared in accordance with Article 10, <br />Division 4 of this Chapter I for decision by the Planning and Zoning Commission. <br />The petition shall be decided and appealed in accordance with Article 10, Division 4 <br />of this Chapter 1. <br /> <br />(d) Omnibus Relief Petition. An applicant for a Watershed Protection Plan (Phase 1 <br />and/or Phase 2, or Qualified) may petition the City Council for omnibus relief in <br />accordance with Article 10, Division 5 of this Chapter I. The petition must be <br />submitted within ten (10) days of a final decision by the Planning and Zoning <br />Commission on the Watershed Protection Plan (Phase 1 and/or Phase 2, or Qualified). <br />The City Council shall decide the petition in accordance with Article 10, Division 5 <br />of this Chapter 1. <br /> <br />Section 1.7.1.7 <br /> <br />Expiration, Extension and Reinstatement <br /> <br />(a) Expiration. If a development application that may accompany a Watershed <br />Protection Plan (Phase I and/or Phase 2) under Section 1.7.1.2 has not been approved <br />or extended under Article 3, Division 5 of this Chapter 1 for the property subject to <br />the Watershed Protection Plan within one (1) year from the date of approval of either <br />phase of the Plan, the applicable phase of the Watershed Protection Plan shall expire. <br />In the event such development application subsequently expires or is revoked, the <br />applicable phase of the Watershed Protection Plan shall likewise expire. In the event <br />that a Watershed Protection Plan (Phase 2) expires, the associated Watershed <br />Protection Plan (Phase I) shall likewise expire. <br /> <br />City of San Marcos, Texas <br /> <br />1-129 <br /> <br />Land Development Code - Final <br />