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ARTICLE 1.GENERAL TO ALL PLANS <br /> San Marcos,Texas <br /> and/or mitigate the violation,or to secure a Variance to address the violation. <br /> 1.4.8. Parkland Dedication shall not be required within the Downtown area. For <br /> New Community Plans meeting the Civic Space requirements will fulfill the <br /> Parkland Dedication requirements. <br /> 1.5. WARRANTS AND VARIANCES <br /> 1.5.1. There shall be two types of deviation from the requirements of this Code:Warrants <br /> and Variances. <br /> 1.5.2. A Warrant is a ruling that would permit a practice that is not consistent with a <br /> specific provision of this Code but is justified by the provisions of Section 1.3 Intent. <br /> The Planning and Zoning Commission(P&Z)shall have the authority to approve <br /> or disapprove a request for a Warrant pursuant to regulations established with the <br /> exception of requests for additional heights that are specifically designated for final <br /> approval by the City Council. • _ _:. _ -:_ _•- . •• • . <br /> decide all Warrant requests as a ncgotiatcd ogrccmcnt for heights of C or 7 stories <br /> . <br /> .. .. :,_ . .. warrant subject o <br /> the review of the P&Z shall require a public hearing and personal notice of the public <br /> hearing be sent to property owners within 200 feet of the subject property.Personal <br /> notice shall be sent by regular mail before the tenth day before the hearing date. <br /> 1.5.3. The City Council shall hold a public hearing and finally decide all Warrant requests as a <br /> negotiated agreement for heights of 6 or 7 stories after review and a recommendation <br /> Dias been made by the P&Z <br /> 1.5.4. The City Council shall hold a public hearing and finally decide all Warrant requests <br /> as a negotiated agreement for purpose built student housing after review and a <br /> recommendation has been made by the P&Z. A Warrant request for purpose built <br /> student housing shall not become effective except by the favorable vote of three- <br /> fourths of all members of the City Council when the P&Z recommends denial of the <br /> request <br /> 1.5.5. A Variance is any ruling on a deviation other than a Warrant.Variances shall be <br /> granted only in accordance with the State of Texas Statutes,Chapter 211 of the <br /> Local Government Code,as amended. <br /> 1.5.6. The request for a Warrant or Variance shall not subject the entire application to public <br /> hearing,but only that portion necessary to rule on the specific issue requiring the relief. <br /> 1.5.7. The following standards shall not be available for Warrants: <br /> a.The maximum dimensions for traffic lanes. <br /> b.The required provision of Rear Alleys. <br /> c.The Base Residential Densities. <br /> 1.6. INCENTIVES <br /> 1.6.1. Applications that are not subject to mandatory provisions of the Code shall be eligible <br /> to utilize the following incentives by right: <br /> a. Applications under this code shall receive priority review status by the DRC,Plan- <br /> ning and Zoning Commission,Zoning Board of Adjustment and the City Council <br /> ahead of applications that were eligible to use this code but elected not to do so <br /> b. Applications under this code shall be processed with priority over those under <br /> the LDC,including those with prior filling dates. <br /> c. The City shall waive the traffic impact analysis for all projects filled under this <br /> code. <br /> d. Reserved for additional Incentives. <br /> SCO4 SMNRICOOE VERSION 10 <br />