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 5: - ZONING PROCEDURES DIVISION 3: - PETITION FOR PLANNED DEVELOPMENT DISTRICT Section 1 „ ...3„ 6 ,,. Amendments and Relief IMe a uwir (a) Amendments. The II 2I aRr;4 ;9 QDirector may permit the applicant to make minor amendments to the Concept Plan without the necessity of amending the ordinance that established the PD district. If the II 24aRr;iRi II Director determines that proposed amendments substantially impact the nature or purposes of the approved PD, whether individually or cumulatively, the Director will deny the request for approval of the modifications and provide the applicant with the opportunity to revise the proposed amendments to bring them into compliance with the PD. If an applicant wishes to make any amendments to an approved Concept Plan other than minor amendments approved by the II 24aRiRiRi q QDirector, the Director will submit the amendments to the Planning and Zoning Commission and City Council for review and approval as a revised PD district. Minor amendments shall be as follows: (1) Corrections in spelling, distances and other labeling that do not affect the overall development concept; (2) Changes in building position or layout that are less than ten feet or ten percent of the total building project or area; (3) Changes in proposed property lines as long as the original total project acreage is not exceeded, and the area of any base zoning district is not changed by more than five percent; and (4) Changes in parking layouts as long as the number of required spaces and general original design are maintained. (b) Variances. A separate variance from the standards in Chapters 4 through 7 of this Land Development Code shall not be required where the development standards incorporated within the PD district expressly modify such standards. Section 1„ ...3 „7 ,,. Ilf;;° Ipiiiir tiiioin of IRliigllruf (a) Lapse of Rights in District. In a PD district, progress toward development of the Concept Plan shall occur within the following time periods: (1) An application for approval of a Cluster Development Plan, accompanied by a Watershed Protection Plan (Phase 1), where applicable, or other required permit, shall be submitted for approval within five years of the date of establishment of the PD district, unless otherwise provided in the adopting ordinance. If a Cluster Development Plan or required permit application for all or a phase of the development depicted in the Concept Plan is not submitted within this period, the authority to submit a Cluster Development Plan or required permit and all subsequent Cluster Development Plans or required permits for the PD district shall be suspended. (2) If the land within the PD district is to be developed in phases, a Cluster Development Plan and Watershed Protection Plan (Phase 1), or other required permit, shall be submitted for the next phase within two years from approval of a Cluster Development Plan or required permit application for the preceding phase, or as otherwise provided in the approved phasing schedule for the PD district. If a subsequent Cluster Development Plan or required permit application is not submitted within this period, the authority to submit a Cluster Development Plan or permit application for that portion of the property and any subsequent Cluster Development Plans for the district shall be suspended. (3) Expiration of an approved Cluster Development Plan or required permit shall result in suspension of the authority to submit a new Cluster Development Plan or required permit for that portion of the property and any Cluster Development Plans or required permits for subsequent phases of development within the district. (b) Commission Recommendation. Following expiration of the right to submit a Cluster Development Plan or required permit, the Planning and Zoning Commission shall consider whether the undeveloped land within PD district should be changed to another zoning classification in accordance with the procedures for action upon a petition for a zoning map amendment under Division 1 of this Article 5. The Planning and Zoning Commission thereafter shall recommend to the City Council whether the right to submit a Cluster Development Plan or required permit application should be reinstated, or whether the property should be zoned to another classification. San Marcos, Texas, Code of Ordinances Page 52