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<br />Chapter 1 Development Procedures - Article 5 Zoning Procedures <br /> <br />Section 1.5.3.7 <br /> <br />Expiration of Rights <br /> <br />, <br /> <br />(a) Lapse of Rights in District. In a PD district, progress toward development of the <br />Concept Plan shall occur within the following time periods: <br /> <br />(1) An application for approval of a Cluster Development Plan, accompanied by a <br />Watershed Protection Plan (Phase 1), where applicable, or other required <br />permit, shall be submitted for approval within five (5) years of the date of <br />establishment of the PD District, unless otherwise provided in the adopting <br />ordinance. If a Cluster Development Plan or required permit application for <br />all or a phase of the development depicted in the Concept Plan is not <br />submitted within this period, the authority to submit a Cluster Development <br />Plan or required permit and all subsequent Cluster Development Plans or <br />required permits for the PD district shall be suspended. <br /> <br />(2) If the land within the PD district is to be developed in phases, a Cluster <br />Development Plan and Watershed Protection Plan (Phase 1), or other required <br />permit, shall be submitted for the next phase within two years from approval <br />of a Cluster Development Plan or required permit application for the <br />preceding phase, or as otherwise provided in the approved phasing schedule <br />for the PD district. If a subsequent Cluster Development Plan or required <br />permit application is not submitted within this period, the authority to submit <br />a Cluster Development Plan or permit application for that portion of the <br />property and any subsequent Cluster Development Plans for the district shall <br />be suspended. <br /> <br />It <br /> <br />(3) Expiration of an approved Cluster Development Plan or required permit shall <br />result in suspension of the authority to submit a new Cluster Development <br />Plan or required permit for that portion of the property and any Cluster <br />Development Plans or required permits for subsequent phases of development <br />within the district. <br /> <br />(b) Commission Recommendation. Following expiration of the right to submit a Cluster <br />Development Plan or required permit, the Planning and Zoning Commission shall <br />consider whether the undeveloped land within PD District should be changed to <br />another zoning classification in accordance with the procedures for action upon a <br />petition for a zoning map amendment under Division 1 of this Article 5. The <br />Planning and Zoning Commission thereafter shall recommend to the City Council <br />whether the right to submit a Cluster Development Plan or required permit <br />application should be reinstated, or whether the property should be zoned to another <br />classification. <br /> <br />(c) Council Consideration. The Planning and Zoning Commission's recommendation <br />shall be considered by the City Council in accordance with procedures for action <br />upon a petition for a zoning map amendment under Division 1 of this Article 5. The <br />Council shall determine whether the right to submit the Cluster Development Plan or <br /> <br />'- <br /> <br />City of San Marcos, Texas <br /> <br />1-58 <br /> <br />Land Development Code - Final <br />