San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.4.3.2Application Requirements

Division 3: DEVELOPMENT AGREEMENTS

Section 2.4.3.1Purpose, Applicability and Effect

A. An application for a development agreement shall be submitted in accordance with the universal application procedures in Section 2.3.1.1. B. An application for a development agreement shall include without limitation a statement of the preferred scenario map area of the property applicable to the development agreement and that the requested development agreement is consistent with the comprehensive plan as contemplated in Section 4.1.1.6. D. The City Council shall consider the initial authorization of a development agreement and may reject the application or direct further consideration and negotiation of the development agreement in accordance with Section 2.4.3.6. E. A development agreement at a minimum shall contain the following provisions, which shall be drafted to the satisfaction of the City Attorney: 2. A description of the proposed development, identifying each land use authorized, including the density or intensity of such use, and including incorporation by reference of a land use plan prepared in accordance with Section 2.4.3.3; 3. The proposed schedule of development where a project will be phased; 4. Proposed base districts for the property following annexation to the City; 5. A complete list of all development standards that shall be applied to the property, referenced to the standards in this Development Code, through the agreement, together with a list of standards in the Code that do not apply to the development; 6. A complete list of all development application procedures that shall be applied to the property, referenced to the articles and divisions of this Development Code, through the agreement, together with a list of procedures in the code that do not apply to the development; C. A development agreement application requires initial authorization by the City Council. 1. A legal description of the land subject to the agreement;

A. Purpose. The purpose of an application for approval of a development agreement is to determine whether the City wishes to authorize by binding contract a plan of development for land located in the City’s Extraterritorial Jurisdiction, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for delivery of public facilities to the property, and to provide for annexation of the property to the City. B. The purpose of a development agreement is to enable development of land in the City’s Extraterritorial Jurisdiction to occur at densities or intensities of use that require public water and wastewater services and that are to be governed by standards applicable to development inside the city limits. C. The purpose of the agreement also shall be to provide for development outside the city limits that is compatible with development inside the city limits in anticipation of eventual annexation of the land subject to the agreement into the City. D. Applicability. A development agreement shall be approved only for land located in the Extraterritorial Jurisdiction of the City and shall be used where either of the following is applicable: 1. It is likely that the property subject to the agreement shall remain in the Extraterritorial Jurisdiction for a period exceeding five years and the property owner seeks to pursue development prior to annexation at urban level residential densities or intensities of use. 2. The City proposes to annex a property within the ETJ that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber use. A development agreement, consistent with the provisions of the Local Government Code, shall be offered. E. Effect. Approval of a development agreement puts into effect the regulations governing the use and development of the land subject to the agreement, authorizes provision of city services in accordance with the agreement, and authorizes the property owner to apply for subordinate development permits. An executed development agreement shall be binding on the property owner, the City and their respective successors-in- interest and assigns for the term of the agreement.

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San Marcos Development Code Amended: September 1, 2020