San Marcos Development Code Effective 10.17.23

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CHAPTER

Development Procedures

5. The Responsible Official shall consolidate comments and recommendations in a report to the City Council. If the development agreement is approved by City Council the Responsible Official shall have it executed by the property owner and City Manager. The Responsible Official shall record the executed development agreement at the developer’s expense in the real property records of each county in which land subject to the agreement is located.

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.

(Ord. No. 2023-72, 10-17-2023)

B. City Council Action

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. 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.

(Ord. No. 2023-72, 10-17-2023)

Section 2.4.3.6 Criteria 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: October 17, 2023