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 4: - DEVELOPMENT TRANSFER PETITION Section 1„ 5. 4.3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The II 24aRiRiRi i..II )Director shall be the responsible official for a petition for a development transfer. (b) Contents. A petition for a development transfer shall be accompanied by an application prepared in accordance with Chapter 1 of the Technical Manual. Section 1„ 5 4 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion (a) Processing of Petition. The responsible official shall process the petition for development transfer in accordance with procedures for petitions for overlay zoning districts and zoning map amendments, in the case of land where either the granting site or the receiving site or both are within the City limits, or in accordance with procedures for annexation or development agreements, where either the granting site or the receiving site or both, are outside the City limits. (b) Action by Commission. (1) Where either the granting site or the receiving site, or both are within the City limits, the Planning and Zoning Commission shall consider and make its recommendations to the City Council on the petition for development transfer and the transfer zoning district(s), in accordance with procedures for an overlay zoning district and a zoning map amendment under Divisions 1 and 2 of this Article 5. (2) Where either the granting site or the receiving site, or both, are outside the City limits, the Planning and Zoning Commission shall consider and make its recommendations to the City Council on the petition for development transfer and the development agreement that incorporates the development transfer provisions, in accordance with procedures for a development agreement under Article 4, Division 2 of this Chapter 1. (c) City Council Decision. (1) Where either the granting site or the receiving site, or both, is within the City limits, the City Council shall consider and decide the petition for development transfer and shall determine whether to establish transfer zoning district(s) and approve any Concept Plan for the receiving district, based on the recommendations from the Planning and Zoning Commission and in accordance with procedures for an overlay zoning district and a zoning map amendment under Divisions 1 and 2 of this Article 5. (2) Where either the granting site or the receiving site, or both, are outside the City limits, the City Council shall consider and decide the petition for development transfer and shall determine whether to approve a development agreement that incorporates the development transfer provisions, based on the recommendations from the Planning and Zoning Commission and in accordance with procedures for a development agreement under Article 4, Divisions 2 or 3, respectively, of this Chapter 1. (d) Official Zoning Map. The official Zoning Map shall be amended by ordinance to reflect the establishment of the transfer zoning districts. (1) Any granting site within the City limits shall be designated as a DTG district. (2) Any receiving site within the City limits shall be designated as a DTR district. Section 1 „ 5 4 5 ,,. Cirliiteirliia for Appirovall l (a) Factors. The following criteria will be used by the Planning and Zoning Commission in recommending and the Council in deciding whether to approve, approve with modifications, or deny a petition for a development transfer: (1) Whether approval of the petition for development transfer implements the policies of the III; M: sterComprehensive Plan relating to preservation of open space and protection of water quality; San Marcos, Texas, Code of Ordinances Page 55