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 5: - OMNIBUS RELIEF PETITION DI Vt",SHIN 5: - (`)IV[I 1B11; . 1 tJE P "1 t"ii,I Section 1 10 5 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of an omnibus relief petition is to determine whether the application of the standards in this Land Development Code to a Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit and related development applications would, if not modified or other relief granted, constitute a regulatory taking under constitutional or statutory standards. (b) Applicability. A petition for relief under this Division may be filed following final decision to deny or conditionally approve an application for a Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or a Floodplain Permit, and related applications. (c) Effect. Upon granting of an omnibus relief petition in whole or in part by the City Council, the responsible official shall process the application for the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit and related development applications, and the decision -maker shall decide the applications consistent with the relief granted on the petition, including any amendments to applicable standards approved by the Council. Section 1 10 5 ...2 ,,. IPetliifiiioin 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 1, 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 1, 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 percent. 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 1, 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 percent devaluation of the property, the petition must also be accompanied by a statement of the petitioner's intent to submit an appraisal of the property by a qualified professional comparing the market value of the property as if the standards applicable to the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit were not in effect with the market value of the property with the standards in effect. This appraisal must utilize San Marcos, Texas, Code of Ordinances Page 139