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

Home Browse Search

Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 10: - RELIEF PROCEDURES DIVISION 4: - VESTED RIGHTS PETITION report summarizing the official's reasoning and setting forth the decision on the petition, which shall be delivered to the applicant within ten days of the date the vested rights petition is accepted for filing. (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 1 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; (2) The approved or filed development application(s) upon which relief is premised under the petition; (3) Current standards which shall apply to the development application for which relief is sought; (4) Prior standards which shall apply to the development application for which relief is sought, including any procedural standards; (5) The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and (6) To the extent feasible, subordinate development applications that are subject to the same relief granted on the petition. (h) Application Following Final Decision on Petition. Following the City's final decision on the vested rights petition, the property owner shall conform the development application for which relief is sought to such decision. The decision - maker on the development application shall consider any application revised under this subsection in accordance with the procedures for deciding the initial application under this Land Development Code and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition to the City Council under subsection (d), proceedings on the application shall resume after the Council's decision on the vested rights petition. San Marcos, Texas, Code of Ordinances Page 136