Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 7: - WATERSHED PROTECTION PLANS DIVISION 1: -APPROVAL AND APPLICATION PROCESS; APPEALS (5) No Watershed Protection Plan (Phase 1 or Phase 2, as applicable) shall be approved or approved with conditions unless proper documentation is submitted to the Director indicating that all applicable federal and state permits, approvals, and clearances have first been obtained. Section 1 „7 „1„ 6 ,,. Appealls and Relief (Piro uwir (a) Appeal. The applicant for either phase of a Watershed Protection Plan or any interested person may appeal the decision of the Engineering Director to the Planning and Zoning Commission. For a Qualified Watershed Protection Plan, the decision of the Commission may be appealed to the City Council, in accordance with Article 10, Division 1 of this Chapter 1. The Council may sustain, modify or reverse the Commission's decision. (b) Variance Petition. The Planning and Zoning Commission may approve a variance from a standard applicable to a Watershed Protection Plan based on a variance petition submitted in accordance with Article 10, Division 2 of this Chapter 1, as part of its decision on a Qualified Watershed Protection Plan. In order to grant a variance petition, in addition to all approval criteria identified in Article 10, Division 2, the Commission must first determine that development in accordance with the variance will not result in violation of the water quality standards contained in the TCEQ Edwards Aquifer rules. The Planning and Zoning Commission shall make written findings concerning its decision on the variance petition, which shall be incorporated into the official minutes of the Commission meeting at which the petition and the Qualified Watershed Protection Plan are decided. In making the findings required in this subsection, the Planning and Zoning Commission shall take into account the alternatives that will achieve the purpose and intent of this Article, and the probable effect of the variance upon preservation of water quality. The approval of a variance petition shall require the affirmative vote of three - fourths of the Commission members present. (c) Vested Rights Petition. Where an applicant claims exemption from one or more requirements applicable to a Watershed Protection Plan (Phase 1 and /or Phase 2, or Qualified) under this Land Development Code on grounds of vested rights, the applicant may submit a vested rights petition prepared in accordance with Article 10, Division 4 of this Chapter 1 for decision by the Planning and Zoning Commission. The petition shall be decided and appealed in accordance with Article 10, Division 4 of this Chapter 1. (d) Omnibus Relief Petition. An applicant for a Watershed Protection Plan (Phase 1 and /or Phase 2, or Qualified) may petition the City Council for omnibus relief in accordance with Article 10, Division 5 of this Chapter 1. The petition must be submitted within ten days of a final decision by the Planning and Zoning Commission on the Watershed Protection Plan (Phase 1 and /or Phase 2, or Qualified). The City Council shall decide the petition in accordance with Article 10, Division 5 of this Chapter 1. Section 1.7 1.7 ,,. Ilf;;° Ipiiiir tiiioin, 11:..:..xte ins and IY iiiinst atern int (a) If a development application that may accompany a Watershed Protection Plan (Phase 1 and /or Phase 2) under Section 1.7.1.2 has not been approved or extended under Article 3, Division 5 of this Chapter 1 for the property subject to the Watershed Protection Plan within two years from the date of approval of either phase of the Plan, and if no progress has been made towards completion of the development of the property covered by the Watershed Protection Plan (as defined in Section 245.005(c) of the Texas Local Government Code, as amended), the applicable phase of the Watershed Protection Plan shall expire. If progress is made towards completion of the development of the property covered by the Watershed Protection Plan (as defined in Section 245.005(c) of the Texas Local Government Code, as amended) during the two -year period, but after the progress is made, no further progress is made towards completion of the development of the property covered by the Watershed Protection Plan (as defined in Section 245.005(c) of the Texas Local Government Code, as amended) for a period of two years, the approval for the Watershed Protection Plan shall expire, unless extended in accordance with Article 3, Division 5 of this Chapter 1. In the event such development application subsequently expires or is revoked, the applicable phase of the Watershed Protection Plan shall likewise expire. In the event that a Watershed Protection Plan (Phase 2) expires, the associated Watershed Protection Plan (Phase 1) shall likewise expire. San Marcos, Texas, Code of Ordinances Page 108