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 6: - PLATTING PROCEDURES DIVISION 1: - PROVISIONS APPLICABLE TO ALL PLATTING PROCEDURES (b) Variances. The applicant may file a petition for variances to the standards applicable to a Preliminary Subdivision Plat or a Preliminary Development Plat, or where no Preliminary Subdivision Plat or Preliminary Development Plat application, respectively, has been submitted for approval, to the standards applicable to a Final Subdivision Plat or Final Development Plat, in accordance with Article 10, Division 2 of this Chapter 1. The variance petition shall be decided by the Planning and Zoning Commission in conjunction with the application for approval of the plat. (c) Relief from Dedication or Construction Requirement. The applicant may submit a petition for relief from a dedication or construction requirement that was applied or incorporated in the Planning and Zoning Commission's decision to conditionally approve or deny an application for approval of a Preliminary Subdivision Plat or a Preliminary Development Plat, or where no Preliminary Subdivision Plat or Preliminary Development Plat application has been submitted, an application for approval of a Final Subdivision Plat or Final Development Plat, after a final decision by the Commission on the application. The petition shall be submitted in accordance with Article 10, Division 3 of this Chapter 1, and shall be decided by the City Council. If the Council grants relief, the applicant shall submit a plat application that conforms to the relief granted for approval by the Commission, or where a Preliminary Subdivision Plat or a Preliminary Development Plat application was conditionally approved, the applicant may submit a Final Subdivision Plat or a Final Development Plat application, as applicable, that conforms to the relief granted. (d) Vested Rights Petition. An applicant may file a vested rights petition with an application for plat approval. The vested rights petition shall be decided by the Planning and Zoning Commission, subject to appeal to the City Council, in accordance with Article 10, Division 4 of this Chapter 1. (e) Relief Where No Preliminary Subdivision Plat Application is Filed. If an applicant files an application for Final Subdivision Plat approval without first having received approval of a Preliminary Subdivision Plat application, the applicant may submit a variance petition with the Final Subdivision Plat application, or a petition for relief from a dedication or construction requirement after the Planning and Zoning Commission's decision on the Final Subdivision Plat application. (f) Relief Where No Preliminary Development Plat Application is Filed. If an applicant files an application for Final Development Plat approval without first having received approval of a Preliminary Development Plat application, the applicant may submit a variance petition with such Final Development Plat application, or a petition for relief from a dedication or construction requirement after the Planning and Zoning Commission's decision on the Final Development Plat application. Section 1...6„ 1.7 ,,. Certifications (a) Reasons for Denial. A written summary of the reasons for denial of a plat application shall be provided by the responsible official to the applicant. For purposes of this Section, conditional approval of a plat application shall not be considered a denial. (b) Exemption Determination. The responsible official, upon written petition of a property owner, a utility provider or the City Council, shall certify in writing whether a plat is required under this Article 6 or whether an exemption under Section 1.6.1.3 applies to a proposed development for the land. The responsible official shall notify the petitioner of the determination within 20 days of the date the petition is received, or within ten days of the date of the decision, whichever is earlier, in the manner provided in Article 3, Division 2 of this Chapter 1. The petitioner may appeal the responsible official's decision in the manner provided in Article 10, Division 1 of this Chapter 1. (c) Certification of Action on Plat. If a utility provider or the City Council requests the status of a plat for the land, the responsible official shall certify whether a plat has been prepared and any action taken on the plat in the manner and within the time periods listed in subsection (b). San Marcos, Texas, Code of Ordinances Page 78