Ord 1988-008 - Laserfiche WebLink

Home Browse Search

75 ORDINANCE 1988-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS. AMENDING THE GENERAL ZONING ORDINANCE TO PROVIDE FOR A VOLUNTARY RESIDENTIAL TRANSFER OF DEVELOPMENT RIGHTS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council finds that undertaking new physical development may result in the destruction and permanent loss of natural assets and special, irreplaceable cultural and archaeological assets; and, WHEREAS, the right to own land is a separate and right from the right to develop land; and, distinct WHEREAS, sound, rational, comprehensive planning must be implemented by an equally rational method which consider the seemingly conflicting goals of private development and the need for environmental and cultural preservation; and, WHEREAS, government should provide incentives along with appropriate regulatory processes which enable the private sector to preserve environmentally sensitive open space and provide for public open space; and, WHEREAS, the City Council declares as a matter of public policy that the preservation of improved and unimproved lands and properties of historic, aesthetic, economic and environmental significance, the prohibition of physical development or redevelopment of lands and properties so preserved, and the accommodation of the physical development or redevelopment prevented as a result of such preservation through the transfer of the right to develop or redevelop such lands or properties so preserved to other lands and properties specifically designed to receive and accommodate the increased density as may result from such transfer of development, is a public necessity and is required in the best interests of the citizens of San Marcos; and, WHEREAS, such transfer of development rights San Marcos Master Plan; now, therefore, implements the BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That Section 40, 41, 42, 43 and 44 of the General Zoning Ordinance of the City of San Marcos shall be henceforth re-numbered as Sections 41, 42, 43, 44 and 45, respectively. PART 2. That a new Section 40 shall be added to the General Zoning Ordinance of the City of San Marcos, Texas as follows: Section 40. Transfer of Development Rights (TDR). 100. General. 101. Within the City limits of the City of San Marcos, residential development rights may be transferred from an area designated Permanent Open Space and/or Flood Plain on the Future Land Use Plan to areas designated residential on the Master Plan according to the following requirements and procedures. 200. Granting and Receiving Zones. 201. Granting zones. rights will be granting zones. Land from which development transferred shall be called