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 sales comparisons or other reliable method of determining fair market value, and the completed appraisal must be submitted prior to the Council's consideration of the petition. (c) Time for Filing Petition. An omnibus relief petition shall be filed within ten days of a final adverse decision on an application for a Watershed Protection Plan by the Planning and Zoning Commission. Section 1 10 5 ...3 ,,. Pirocessiling of IPetliifiiion and IlD iii iiion (a) Responsible Official. The responsible official for an omnibus relief petition is the IG IIana ing R=:'u irector. The Director shall promptly forward a copy of the omnibus relief petition to the City Attorney following acceptance. The Director shall prepare a recommendation and forward the matter to the Council for decision. (b) Decision by City Council and Time for Decision. The City Council shall decide the petition within 30 working days of the date the petition is filed, unless the petitioner is required to submit an appraisal, in which case the time for decision shall not commence to run until such appraisal is received. The Council may take one of the following actions on the petition: (1) Deny the petition for relief, and either uphold the decision of the Engineering Director or Planning and Zoning Commission on the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit, or require that a Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit be prepared consistent with the standards of this Land Development Code; or (2) Grant the relief sought in the petition in whole or in part, reversing or modifying the decision of the Director or the Planning and Zoning Commission on the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit, and direct that related development applications be processed and evaluated in a manner consistent with such determination. Section 1 „1 ,,. Cirliiteirliia for Approval (a) Factors. In deciding whether to grant relief to the petitioner, the City Council will consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the standards governing approval of a Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit under this Land Development Code will deprive the petitioner of all economically viable use of the land, or for land in the extraterritorial jurisdiction, that the application of the standards has resulted in at least a 25 percent devaluation of the property, based upon the following factors: (1) The nature and intensity of the uses allowed following application of the standards in this Land Development Code to the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit and related development applications, in comparison with the nature and intensity of the uses allowed without application of the standards; (2) Whether the standards of this Land Development Code when applied to the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit and related development applications allow an economically viable use of the land; (3) For petitions in which it is alleged that there has been a devaluation of property located in the extraterritorial jurisdiction, whether the adoption or application of standards in this Article is the producing cause of any devaluation of the property; (4) The total expenditures made in connection with the proposed development in reasonable reliance on prior regulations; (5) The extent to which the petitioner's expectations for economically viable uses have been realized through actual or anticipated development on land originally part of the same tract or parcel as the land for which relief is sought under the petition; San Marcos, Texas, Code of Ordinances Page 140