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<br />tII <br /> <br />tI <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 10 Relief Procedures <br /> <br />Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain <br />Permits; <br /> <br />(11) Whether development of the land in accordance with the development <br />applications proposed by petitioner and in the absence of applying the <br />standards in this Land Development Code from which relief is sought will <br />constitute a public or private nuisance; <br /> <br />(12) The extent to which development of the land in accordance with the <br />development applications proposed by petitioner and in the absence of <br />applying the standards in this Land Development Code from which relief is <br />sought is substantially detrimental to the public health and safety; and <br /> <br />(13) The nature and extent of prior development applications filed or approved for <br />the land subject to the petition. <br /> <br />(b) Modification of Standards. In granting relief under the petition, the City Council may <br />waive or modify the standards to be applied to the Watershed Protection Plan (Phase <br />1, Phase 2, or Qualified) or Floodplain Permit or related development applications, or <br />may impose reasonable conditions on related development applications in order to <br />implement the relief granted. The Council also may initiate a petition for a zoning <br />map amendment in order to afford the relief granted, which shall be decided in <br />accordance with Article 5, Division 1 of this Chapter 1. In such case, the Council's <br />decision on the petition shall not be considered final until the petition for the zoning <br />map amendment is decided. The action taken by the Council under this section shall <br />not deprive the Planning and Zoning Commission of its final approval authority over <br />subdivision plats. <br /> <br />Section 1.10.5.5 <br /> <br />Expiration and Extension <br /> <br />(a) Expiration. The relief granted in response to a petition under this section will be <br />deemed null and void, and all claims pertaining to loss of economically viable use, or <br />devaluation of land by 25% or more, will be deemed forfeited and thereupon shall <br />expire, if any of the following events occurs: <br /> <br />(1) A Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain <br />Permit or related development application, consistent with the City Council's <br />determination on the petition, is not filed with the City within 30 days of the <br />date of a final determination by the City Council; or <br /> <br />(2) A related development application is subsequently denied for failure to <br />comply with standards governing the application, thereby resulting in <br />expiration of the Watershed Protection Plan (Phase I, Phase 2, or Qualified) <br />or Floodplain Permit; or <br /> <br />City of San Marcos, Texas <br /> <br />1-173 <br /> <br />Land Development Code - Final <br />