Res 2003-156 - Laserfiche WebLink

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c. A Variance to Section 114.488 of the Zoning Ordinance to allow 100% building coverage in the "C" Commercial Zoning District, for construction of a mixed-used commercial and residential mid-rise project 2. The Specific Use Permit granted by the City of San Marcos Planning and Zoning Commission on April 10, 2001 for mixed commercial and residential uses on the Property (as evidenced by the Specific Use Permit attached as Exhibit C) shall be recognized and considered by the City as applying to the Modified Project and having no expiration date, upon the condition that the Modified Project is constructed and remains on the Property. 3. No Further Variances or Specific Use Permits Required. With respect only to the items set forth in this Agreement, so long as the Modified Project conforms with the allowances/restrictions/limitations specifically set forth in this Agreement, the City agrees and the Final Judgment shall state that the Plaintiff shall not be required to obtain any additional variances or specific use permits (with respect to the mixture of residential and commercial uses) for the development ofthe Modified Project from any board or commission created by the City of San Marcos responsible for granting such variances or specific use permits. This limitation does not relieve the Plaintiff from obtaining all other necessary permits or approvals such as site development, building, plumbing, electrical, mechanical, driveway or right-of-way construction permits, or specific use permits for certain uses on the Property, if needed (such as establishments serving alcoholic beverages for on-premise consumption), or complying with all other applicable local, state, and federal laws. 4. Development Parameters. The Final Judgment shall order the approval of the Modified Project under its modified construction parameters 5. An order taxing costs against the party incurring such costs; 6. The Final Judgment will also contain the statement that "All relief not expressly granted by the Final Judgment is denied"; and 7. An order declaring that to the extent the tenus ofthe Final Judgment are inconsistent with Sections 114.675, 114.488, or 114.642 of the City of San Marcos Zoning Ordinance or any other provisions of the City of San Marcos Zoning Ordinance governing the setbacks, landscape installation, building coverage or parking parameters made the basis of the Litigation and/or Modified Project, the terms ofthe Final Judgment control with respect to the Property and the Modified Project upon the condition that the Modified Project is constructed and remains on the Property. VI. GENERAL PROVISIONS 1. Effective Date. This Agreement shall be effective from and after the date the Agreement is fully executed by the authorized representatives of each party ("Effective Date"). - 9 -