Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 10: - RELIEF PROCEDURES DIVISION 3: - PETITION FOR RELIEF FROM DEDICATION OR CONSTRUCTION REQUIREMENT titN'I IS tiN 3 PETHR11V t ()RR1 tJt t; " ()R RtVIUR1 e W VT Section 1 „10...3 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a petition for relief from a dedication or construction requirement is to assure that the application of uniform dedication and construction standards to a proposed plat or other development application does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's public facilities systems. (b) Applicability. A petition for relief under this Division may be filed by a property owner to contest any requirement to dedicate land for or to construct public improvements for dedication to the public that is imposed under the public facilities standards in Chapter 7 of this Land Development Code to a plat application or to any other petition or development application authorized under this Code, whether the requirement is under uniform standards, or attached as a condition to approval of the petition or permit. A petition under this Division shall not be used to seek variation from a standard on grounds applicable to a petition for a variance under Division 2 of this Article 10. (c) Effect. If the relief requested under the petition is granted in whole or in part by the City Council, the dedication or construction requirement initially imposed shall be modified accordingly, and the standards applied or the conditions attached to initial approval of the development application shall be thereafter applied in accordance with the relief granted. In the event the original application was denied by the decision -maker based upon the property owner's failure to incorporate the dedication or construction requirement in the proposed permit, the application shall be remanded to the original decision -maker for a decision consistent with the relief granted by the Council. Section 1 „10...3...2 ,,. Illy fiiifiiioin Requirements (a) Who May Petition. A petition for relief from a dedication or construction requirement may be filed by a property owner or the applicant for any petition for a legislative decision or development permit, in which the dedication or construction requirement has been applied or attached as a condition of approval, or as grounds for denying the petition or development permit application. (b) Form of Petition. The petition for relief from a dedication or construction requirement shall allege that application of the standard or the imposition of conditions relating to the dedication or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, roadway, drainage or parks system, as the case may be, or does not reasonably benefit the proposed development. (c) Study Required. The petitioner shall provide a study in support of the petition for relief that includes the following information: (1) Total capacity of the City's water, wastewater, roadway, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. (2) Total capacity to be supplied to the City's water, wastewater, roadway, drainage or park system by the proposed dedication of an interest in land or construction of capital improvements. If the development application is part of a phased development, the information shall include any capacity supplied by prior dedications or construction of capital improvements. (3) Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land San Marcos, Texas, Code of Ordinances Page 132