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 8: - CLUSTER DEVELOPMENT PLAN titFt',SHIN 8. (111,11STER .t'tt V t:,iiP1Lft,:, i" Pt:,AI Section 1„ 5 8 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a Cluster Development Plan shall be to authorize the use of residential density standards in substitution for minimum lot size standards for residential uses, or to authorize increased impervious cover or lot coverage for nonresidential uses. (b) Applicability. A Cluster Development Plan shall be required inside the City limits or where authorized by a development agreement, whenever (1) the land to be developed is subject to approval of a Watershed Protection Plan (Phase for Phase 2) under this Land Development Code and (2) the property owner seeks authorization to have subsequent development applications reviewed under residential density standards in lieu of minimum lot size standards, or, for nonresidential uses, under increased lot coverage provisions, as authorized in the zoning district regulations in Chapter 4, Article 2. A Cluster Development Plan also shall be required following approval of a petition for development transfer for the receiving site. A Cluster Development Plan shall be approved prior to approval of any plat application or Site Preparation Permit for the property. (c) Effect. Approval of a Cluster Development Plan authorizes the property owner to submit a plat application and Site Preparation Permits for the property subject to the Cluster Development Plan. Section 1„ 5 8 ...2 ,,. Sequence of Approvals (a) Prior Approvals. An application for a Cluster Development Plan shall not be approved unless the following petitions or development permits, where applicable, have been approved and remain in effect for land to be subject to the proposed plan. (1) All legislative applications, including the establishment of a PD district and incorporation of a Concept Plan; and (2) Watershed Protection Plan (Phase 1). (b) Accompanying Applications. The application for a Cluster Development Plan may be accompanied by an application for approval of a Watershed Protection Plan (Phase 1) and plat approval, provided that the application for the Watershed Protection Plan (Phase 1) shall be decided first, and the application for the Cluster Development Plan is decided prior to the plat application. Section 1„ „3 „3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The II 24aRiRiRi i..II NDirector shall be the responsible official for a Cluster Development Plan. (b) Contents. An application for approval of a Cluster Development Plan shall be prepared in accordance with Chapter 1 of the Technical Manual. Section 1„ „3„ 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion (a) Hearing and Notification. The Director shall schedule a public hearing before the Planning and Zoning Commission on the application for approval of a Cluster Development Plan. The notice posting may be combined with that for a Watershed Protection Plan (Qualified, where applicable) for the same land. (b) Commission's Action. The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with Article 3, Division 3 of this Chapter 1. The Commission shall approve, conditionally approve or deny the application for a Cluster Development Plan. San Marcos, Texas, Code of Ordinances Page 67