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<br />411 <br /> <br />41 <br /> <br />J <br /> <br />Chapter] Development Procedures - Article 5 Zoning Procedures <br /> <br />(b) Conditions. <br /> <br />(1) The Planning and Zoning Commission may recommend and the City Council <br />may attach any conditions to establishment of the transfer districts that assure <br />preservation of the granting site and compatibility of the resulting <br />development transfer with uses adjacent to the receiving site. <br /> <br />(2) The Planning and Zoning Commission may recommend and the City Council <br />may attach any conditions to the development agreement that incorporates the <br />development transfer provisions in order to assure preservation of the granting <br />site and compatibility of the resulting development transfer with uses adjacent <br />to the receiving site. <br /> <br />Section 1.5.4.6 <br /> <br />Variances <br /> <br />No petition for a variance to standards within the base zoning district shall be required for <br />development of residential density or impervious cover transferred under the petition to the DTR <br />district. <br /> <br />Section 1.5.4.7 <br /> <br />Expiration of Rights <br /> <br />(a) Lapse of Rights in DTR District. The authorization to utilize the increased <br />impervious cover, residential density or non-residential square footage within a DTR <br />district shall expire five years after the date the district is established, for those <br />portions of the property for which a Cluster Development Plan or plat application has <br />not been approved or is no longer in effect. Thereafter, no development application <br />shall be accepted for filing or further processed that proposes to utilize the increased <br />impervious cover, residential density or non-residential square footage until the City <br />Council has decided whether to reinstate the right to develop under the DTR district. <br />If the authorization to use the increased impervious cover, residential density or non- <br />residential square footage is not reinstated by the City Council, the rights cannot <br />thereafter be used. <br /> <br />(b) Commission Recommendation. Following expiration of the authorization to utilize <br />increased impervious cover, residential density or non-residential square footage <br />within a DTR district, the Planning and Zoning Commission shall consider whether <br />the overlay district should be removed, in accordance with the procedures for acting <br />on a petition for a zoning map amendment under Division I of this Article 5. The <br />Planning and Zoning Commission thereafter shall recommend to the City Council <br />whether the right to develop under the DTR should be reinstated, or whether the <br />overlay district should be removed. <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 /> <br />City of San Marcos, Texas <br /> <br />]-63 <br /> <br />Land Development Code - Final <br />