Ord 2004-092 - Laserfiche WebLink

Home Browse Search

, tI J Chapter 1 Development Procedures - Article 10 Relief Procedures (c) Decision by Commission or Board on Petition. If the development application is to be decided by the Planning and Zoning Commission or another board or commission, the Director shall submit a report in the form of a recommendation to such decision- maker. The commission or board shall render a decision on the vested rights petition in conjunction with its decision on the development application. (d) Decision by City Council. Where the City Council is the final decision-maker on the development application, the petitioner may submit a written request that the vested rights petition be immediately forwarded to the Council for a determination. The request must be accompanied by a waiver of the time for decision on the application imposed under this Land Development Code pending decision by the Council on the petition, which shall stay further proceedings on the application. Upon receipt of the request, the responsible official shall prepare a recommendation and forward the matter to the Council for decision, which shall decide the petition within 30 days of the petitioner's request. If no written request for Council referral is filed, the Council shall decide the vested rights petition with its decision on the development application. (e) Appeal of Decision on Petition. The petitioner or any interested person may appeal the responsible official's or the commission's or board's decision on the vested rights petition within ten working days of the date of such decision to the City Council in accordance with the procedures in Division I of this Article 10. An appeal under this subsection stays acceptance of filing of any subordinate development applications. The Council shall decide the petition within 30 days of receipt of the notice of appeal. (f) Action on the Petition. The decision-maker on the vested rights petition may take any of the following actions: (1) Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards; (2) Grant the relief requested in the petition, and direct that the development application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or (3) Grant the relief requested in part, and direct that certain identified current standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied. (g) Order on Petition. The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following: (1) The nature of the relief granted, if any; City of San Marcos, Texas 1-165 Land Development Code - Final