Ord 2004-092 - Laserfiche WebLink

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Chapter 1 Development Procedures - Article 10 Relief Procedures consistent with the relief granted on the petItIon, including any amendments to applicable standards approved by the Council. Section 1.10.5.2 Petition Requirements (a) Who May Petition. An omnibus relief petition may be filed by a property owner or the owner's authorized agent, including the applicant, for a Watershed Protection Plan (Phase I, Phase 2, or Qualified) or Floodplain Permit following denial or conditional approval by the Engineering Director or by the Planning and Zoning Commission. For purposes of this division, denial of any requested bonuses, mitigation plans or variances shall be grounds for filing an omnibus relief petition. The petition shall be to the City Council and may be accompanied by an appeal of the Commission's decision. (b) Form of Petition. The omnibus relief petition shall allege that the application of the standards of this Land Development Code to the proposed Watershed Protection Plan (Phase I, Phase 2, or Qualified) or Floodplain Permit and related development applications deprives the petitioner of all economically viable use of the petitioner's land, or, in the case of land located in the City's extraterritorial jurisdiction, has resulted in devaluation in the fair market value of the land by at least 25%. The petition shall include the following information and documents: (1) The development application(s) for which the petitioner seeks relief and for which the Watershed Protection Plan (Phase I, Phase 2, or Qualified) or Floodplain Permit has priority; (2) The application for the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit that was denied or conditionally approved by the Planning and Zoning Commission; (3) A copy of the record of the Planning and Zoning Commission's final decision on the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit and related applications, and a summary of any reasons given for the decision; (4) A proposed Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit, if any that the petitioner believes is consistent with the relief sought in the petition; (5) A detailed statement of the grounds for the petition that addresses the approval criteria set forth in this division; or (6) In the event the petition alleges that the application of the standards has resulted in at least a 25% devaluation of the property, the petition must also be accompanied by a statement of the petitioner's intent to submit an appraisal of City of San Marcos. Texas 1-170 Land Development Code - Final It It '-