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• <br /> -13 <br /> DEVELOPMENT PROCEDURE' <br /> Section 2.2.3.2 Review Authority A. Super-Majority Vote.Development applications where a super <br /> majority vote is required by this development code shall not <br /> A. The planning and zoning commission shall act as an advisory become effective except by the favorable vote of six members <br /> body,final or initial decision maker,and as an authority for of the City Council under the following circumstances: <br /> deciding appellate and relief applications as indicated in Table <br /> 2.1. • 1. When the planning and zoning commission recommends <br /> denial of the application. <br /> B. Advisory Board.The planning commission shall act as an <br /> advisory body to the city council and, in that capacity, shall 2. When a written protest against the application is signed by <br /> review, prepare reports upon and make recommendations the owners of 20 percent or more of either: <br /> concerning approval, conditional approval or denial of <br /> legislative decisions as authorized by this development code a. The area of the subject property;or <br /> regarding: b. The land adjoining the subject property; or <br /> 1. The city's capital improvements program; c. The land within 200 feet of the subject property; or <br /> 2. All matters related to the physical growth and development d. The land within 400 feet of the subject property. <br /> of the city as assigned by city council; and <br /> 3. In computing the percentage of land area,the area of <br /> 3. The types of development applications summarized in streets and alleys shall be included in the computation. For <br /> Table 2.1. purposes of this subsection,the following shall apply: <br /> C. Quasi-Judicial Applications.The planning and zoning a. The written protest of any one owner of land owned <br /> commission shall finally decide or initially decide, subject to by two or more persons shall be presumed to be the <br /> appeal to the city council,the types of applications identified in protest of all such owners; <br /> Table 2.1 in accordance with the procedures and standards that <br /> apply to the petition or development application. b. The written protest must be submitted to the city <br /> clerk at least five business days before the date of <br /> D. Appellate Authority.The planning and zoning commission the meeting at which the proposed change is to be <br /> shall finally decide appeals and applications for relief on the considered; <br /> development applications and relief applications identified in <br /> Table 2.1. c. A person who wishes to withdraw a signature from a <br /> written protest must submit a signed,written request <br /> DIVISION 4: CITY COUNCIL for the withdrawal to the city clerk by the deadline for <br /> submitting a written protest.A signature may not be <br /> Section 2.2.4.1 Authority for Amendments to Development otherwise withdrawn;and <br /> Code <br /> d. An application may not be modified to change the <br /> The city council may from time to time amend, supplement or boundaries of the subject property after a written <br /> change by ordinance the text of this development code on its own protest application requiring a super-majority vote of <br /> initiative or upon application for a text amendment. the city council has been submitted. <br /> Section 2.2.4.2 Review Authority B. Effect on Planning and Zoning Commission Decisions.The <br /> authority of the city council to hear appeals and applications <br /> The city council shall finally decide all types of development for relief in specific instances described in this Section 2.2.4.1 <br /> applications, appeals,or petitions for relief authorized under this shall not be construed to divest the planning and zoning <br /> development code Table 2.1. commission of its final approval authority over subdivision <br /> plats and development plats. <br /> 2:8 San Marcos Development Code Adopted April 17,2018 <br />