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 (6) The extent to which petitioner has taken advantage of any other relief measures provided by this Code that would result in mitigation of economic impacts resulting from application of the standards in this Land Development Code; (7) Any fees reasonably paid in connection with the proposed development; (8) Any representations made by City officials concerning the project and reasonably relied upon to the detriment of the petitioner; (9) The extent to which the alleged effects of applying the standards of this Land Development Code from which relief is sought would occur in any event from application of standards by another regulatory agency; (10) The extent to which the owner of the property had actual or constructive notice of regulations or proposed changes in the standards governing Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permits; (11) Whether development of the land in accordance with the development applications proposed by petitioner and in the absence of applying the standards in this Land Development Code from which relief is sought will constitute a public or private nuisance; (12) The extent to which development of the land in accordance with the development applications proposed by petitioner and in the absence of applying the standards in this Land Development Code from which relief is sought is substantially detrimental to the public health and safety; and (13) The nature and extent of prior development applications filed or approved for the land subject to the petition. (b) Modification of Standards. In granting relief under the petition, the City Council may waive or modify the standards to be applied to the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit or related development applications, or may impose reasonable conditions on related development applications in order to implement the relief granted. The Council also may initiate a petition for a zoning map amendment in order to afford the relief granted, which shall be decided in accordance with Article 5, Division 1 of this Chapter 1. In such case, the Council's decision on the petition shall not be considered final until the petition for the zoning map amendment is decided. The action taken by the Council under this Section shall not deprive the Planning and Zoning Commission of its final approval authority over subdivision plats. Section 1 „1 ,,. Ilf;;° Ipiiiir tiiioin and Ilf;;° t iir sIoin (a) Expiration. The relief granted in response to a petition under this Section will be deemed null and void, and all claims pertaining to loss of economically viable use, or devaluation of land by 25 percent or more, will be deemed forfeited and thereupon shall expire, if any of the following events occurs: (1) A Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit or related development application, consistent with the City Council's determination on the petition, is not filed with the City within 30 days of the date of a final determination by the City Council; or (2) A related development application is subsequently denied for failure to comply with standards governing the application, thereby resulting in expiration of the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit; or (3) Approval of a related development application expires, thereby resulting in expiration of the Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit. (b) Extension and Reinstatement. The date for submitting a Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit or related development application may be extended by the City Council for not more than 90 days. Reinstatement of an expired related development application shall result in extension of the relief granted on the omnibus relief petition for a like period. San Marcos, Texas, Code of Ordinances Page 141