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 (2) Whether the development transfer implements a specific plan for watershed protection; (3) Whether conservation easements or other means of preserving protected portions of the granting site have been executed; (4) Whether the proposed receiving site qualifies as a development transfer site; (5) Whether the development of the receiving site at greater residential density or nonresidential square footage does not negatively impact existing uses or inhibit development of land under existing zoning classifications; and (6) Whether the density, impervious cover or nonresidential square footage to be transferred from the granting site can be used by clustering or intensifying development on the granting site. (b) Conditions. (1) The Planning and Zoning Commission may recommend and the City Council may attach any conditions to establishment of the transfer districts that assure preservation of the granting site and compatibility of the resulting development transfer with uses adjacent to the receiving site. (2) The Planning and Zoning Commission may recommend and the City Council may attach any conditions to the development agreement that incorporates the development transfer provisions in order to assure preservation of the granting site and compatibility of the resulting development transfer with uses adjacent to the receiving site. Section 1 „ 5 4 ...6 ,,. Vairliances No petition for a variance to standards within the base zoning district shall be required for development of residential density or impervious cover transferred under the petition to the DTR district. Section 1 „6„ „"T ,,. Ilf;;° Ipiiiir tiiioin of IRliiglhf (a) Lapse of Rights in DTR District. The authorization to utilize the increased impervious cover, residential density or nonresidential square footage within a DTR district shall expire five years after the date the district is established, for those portions of the property for which a Cluster Development Plan or plat application has not been approved or is no longer in effect. Thereafter, no development application shall be accepted for filing or further processed that proposes to utilize the increased impervious cover, residential density or nonresidential square footage until the City Council has decided whether to reinstate the right to develop under the DTR district. If the authorization to use the increased impervious cover, residential density or nonresidential square footage is not reinstated by the City Council, the rights cannot thereafter be used. (b) Commission Recommendation. Following expiration of the authorization to utilize increased impervious cover, residential density or nonresidential square footage within a DTR district, the Planning and Zoning Commission shall consider whether the overlay district should be removed, in accordance with the procedures for acting on 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 develop under the DTR should be reinstated, or whether the overlay district should be removed. (c) Council consideration. The Planning and Zoning Commission's recommendation shall be considered by the City Council in accordance with procedures for action upon a petition for a zoning map amendment under Division 1 of this Article 5. The Council shall determine whether authorization to utilize increased impervious cover, residential density or nonresidential square footage within the DTR district should be reinstated, or whether the overlay district should be removed for those portions of the land where a Cluster Development Plan has not been approved or is no longer in effect. In making such determination, the Council shall consider the following factors: (1) Whether the increased impervious cover, residential density or nonresidential square footage authorized by the DTR district remains consistent with the M:7: teFComprehensive Plan; San Marcos, Texas, Code of Ordinances Page 56