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Subpart B - LAND DEVELOPMENT CODE <br />Chapter 1 - DEVELOPMENT PROCEDURES <br />ARTICLE 5: - ZONING PROCEDURES <br />DIVISION 4: - DEVELOPMENT TRANSFER PETITION <br />tit Vt',SHINV ,,f. DE''Y;t t,()P11 t � T TAIAIV 1"ER PETITHINV <br />Section 1„ 5 4 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f <br />(a) Purpose. The purpose of a development transfer petition is to authorize the simultaneous transfer of residential <br />densities, impervious cover or nonresidential square footage from one development site that is to be limited <br />permanently in whole or in part to open space (the granting site) to another development site that is not subject to <br />such constraints (the receiving site). <br />(b) Applicability. Within the City limits, residential density, impervious cover or nonresidential square footage may be <br />transferred from an area proposed to be designated as permanent open space to an area planned for residential or <br />nonresidential use that qualifies as a receiving site under this Land Development Code through a petition for <br />establishment of an overlay transfer zoning district for the granting and receiving sites. Outside the City limits, <br />development transfers may be accomplished only by including provisions for the granting and receiving sites in a <br />development agreement approved under Article 4, Divisions 2 or 3, of this Chapter 1. <br />(c) Effect. Development of the granting site, upon approval of the development transfer petition, shall thereafter be <br />limited to the density, impervious cover or nonresidential square footage remaining after the transfer. Development of <br />the receiving site, upon approval of the petition, shall thereafter be allowed an increase in the impervious cover, <br />residential density, or nonresidential square footage over and above the levels allowed before the transfer. <br />Section 1 „ 5 4 ...2 ,,. Sequence of Approvals <br />(a) Prior Approvals. A development transfer petition shall not be granted prior to approval of amendments to the <br />maste! ve Plan upon which the transfer is dependent. <br />(b) Accompanying Applications. A development transfer petition shall be accompanied by the following applications: <br />(1) Where both the granting and receiving sites are located inside the City limits: <br />a. A petition for an overlay zoning district (DTG district) for the granting site; <br />b. A petition for an overlay zoning district (DTR district) for the receiving site; <br />c. Where required by Chapter 4, Article 2, Division 6, a Concept Plan; <br />d. A Watershed Protection Plan (Phase 1) for the granting site, provided that the development transfer petition <br />and all petitions for an overlay zoning district shall be decided prior to the final decision on the Watershed <br />Protection Plan (Phase 1). <br />(2) Where either the granting or the receiving site, or both, are located outside the City limits: <br />A petition for an annexation or development agreement that governs requirements for the development <br />transfer on either the granting site, the receiving site, or both; <br />A Watershed Protection Plan (Phase 1) for the granting site, provided that the development transfer petition <br />and petition for a development agreement shall be decided prior to the final decision on the Watershed <br />Protection Plan (Phase 1). <br />C. If one of the sites is inside the City limits, a petition for a transfer zoning district for the site and, where <br />required by Chapter 4, Article 2, Division 7, a Concept Plan for the receiving site. <br />(3) Inside the City limits, the petition may be accompanied by a Concept Plan to be incorporated in the DTR district <br />regulations. <br />San Marcos, Texas, Code of Ordinances Page 54 <br />