San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

B. City Council Action

1. Development of the property under the proposed agreement and land use plan implement the policies of the Comprehensive Plan; 2. Extension of public facilities and services to the property under the agreement do not compromise the City’s ability to timely provide adequate public facilities to property inside the City; 3. Extension of public facilities and services to the property under the agreement do not degrade environmental resources; 4. Water quality impacts arising from the proposed development are mitigated by measures provided in the development agreement; 5. The agreement furthers the creation or expansion of other utility providers to the City’s detriment; 6. The agreement authorizes the application of the City’s zoning and development standards to the uses proposed, which otherwise could not be applied to the proposed development; 7. The agreement authorizes the City to recoup the costs of Capital Improvements provided to the development while it remains in the Extraterritorial Jurisdiction; 8. The schedule of annexation proposed in the agreement furthers the City’s policies on expansion and growth of the City; 9. The agreement does not creates future barriers to annexation of land contiguous to the area subject to the agreement; 10. The agreement does not promote economic development that undermines or inhibits economic development within the city center or other economic centers of the community; and 11. The proposed agreement furthers the public health, safety and general welfare.

1. During the initial authorization the City Council may appoint a committee of its members for purposes of reviewing and facilitating negotiations with the property owner. 2. The Council may accept, accept with modifications, or reject the proposed development agreement, and may approve, conditionally approve or deny the land use plan consistent with its decision on the development agreement. 3. If the Council accepts the agreement, it shall approve the agreement by resolution that authorizes the City Manager to execute the agreement on behalf of the City following execution by the property owner. 4. If the development agreement is approved by City Council and executed by the property owner, the Responsible Official shall record the approved development agreement at the developer’s expense in the real property records of each county in which land subject to the agreement is located. 5. The land use plan for the property shall be approved as an exhibit to the development agreement and shall conform to the requirements of Section 2.4.3.3 of this Development Code. Thereafter, development applications for the land subject to the development agreement shall be consistent with the land use plan and shall be processed in accordance with the provisions in the agreement. 6. Unless a different time is specified in the resolution, the property owner shall accept the development agreement and land use plan and execute the agreement within ten (10) business days of the date the resolution is adopted. If the agreement is not accepted and executed by the property owner within such period, the Council’s acceptance of the agreement shall be deemed withdrawn.

Section 2.4.3.6Criteria for Approval

A. The following list of criteria for review and recommendations regarding a proposed development agreement are not all-inclusive. Review and recommendations of proposed development agreements should consider whether:

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San Marcos Development Code Amended: September 1, 2020