Laserfiche WebLink
<br />41 <br /> <br />~ <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 10 Relief Procedures <br /> <br />the property by a qualified professional comparing the market value of the <br />property as if the standards applicable to the Watershed Protection Plan <br />(Phase 1, Phase 2, or Qualified) or Floodplain Permit were not in effect with <br />the market value of the property with the standards in effect. This appraisal <br />must utilize sales comparisons or other reliable method of determining fair <br />market value, and the completed appraisal must be submitted prior to the <br />Council's consideration of the petition. <br /> <br />(c) Time for Filing Petition. An omnibus relief petition shall be filed within ten days of a <br />final adverse decision on an application for a Watershed Protection Plan by the <br />Planning and Zoning Commission. <br /> <br />Section 1.10.5.3 <br /> <br />Processing of Petitions and Decision <br /> <br />(a) Responsible Official. The responsible official for an omnibus relief petition is the <br />Planning Director. The Director shall promptly forward a copy of the omnibus relief <br />petition to the City Attorney following acceptance. The Director shall prepare a <br />recommendation and forward the matter to the Council for decision. <br /> <br />(b) Decision by City Council and Time for Decision. The City Council shall decide the <br />petition within 30 working days of the date the petition is filed, unless the petitioner is <br />required to submit an appraisal, in which case the time for decision shall not <br />commence to run until such appraisal is received. The Council may take one of the <br />following actions on the petition: <br /> <br />(1) Deny the petition for relief, and either uphold the decision of the Engineering <br />Director or Planning and Zoning Commission on the Watershed Protection <br />Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit, or require that a <br />Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain <br />Permit be prepared consistent with the standards of this Land Development <br />Code; or <br /> <br />(2) Grant the relief sought in the petItIOn in whole or in part, reversmg or <br />modifying the decision of the Director or the Planning and Zoning <br />Commission on the Watershed Protection Plan (Phase 1, Phase 2, or <br />Qualified) or Floodplain Permit, and direct that related development <br />applications be processed and evaluated in a manner consistent with such <br />determination. <br /> <br />Section 1.10.5.4 <br /> <br />Criteria for Approval <br /> <br />(a) Factors. In deciding whether to grant relief to the petitioner, the City Council will <br />consider whether there is any evidence from which it can reasonably conclude that <br />the application of all or a part of the standards governing approval of a Watershed <br /> <br />City of San Marcos, Texas <br /> <br />1-171 <br /> <br />Land Development Code - Final <br />