San Marcos Development Code (effective November 3, 2021)

2 C H A P T E R

Development Procedures

the modified criteria set for th in the economic development incentives agreement. 1. Upon approval of a waiver or modification of development standards, applications shall be consistent with the specific project described in the economic development incentives agreement and shall be processed in accordance with the provisions of this Development Code as waived or modified by the agreement. Section 2.4.5.2 Application Requirements A. A request for waiver or modification of development standards shall accompany an application for city economic development incentives and shall identify:

5. If the agreement is not accepted and executed by the proper ty owner within a period specified by the City Council in its approval, the Council’s approval of the agreement shall be deemed withdrawn. Section 2.4.5.4 Criteria for Approval

A. In deciding the application the Council shall consider whether:

1. Failure to grant the waiver or modification shall have a material adverse impact to the City’s ability to attract a significant economic development project to the City; 2. The request suppor ts and implements the city’s economic development program; 3. The nature of the use or project being incentivized is such that the requested waiver or modification of development standards is necessary to suppor t or implement the City’s adopted economic incentives policy; 4. The requested waiver or modification of development standards is the minimum necessary in order to suppor t and implement the City’s adopted economic development program; 5. Granting the request is consistent with the adopted Comprehensive Plan; and 6. The request fur thers the public health, safety and general welfare.

1. The nature of the project;

2. The specific por tions of this Development Code to be modified or waived; and

3. The benefit of these actions to the City.

Section 2.4.5.3 Approval Process

A. Responsible Official Action

1. The City Manager shall cause a city depar tmental review of the requested incentives and creation of a repor t consolidating comments and recommendations, which shall be delivered to the City Council prior to its consideration of the request.

B. City Council Action

1. The City Council may request review and recommendation of the request for modifications or waivers by the Planning and Zoning Commission or other appointed bodies. 2. The Council may grant a waiver or modification of standards at a public meeting. 3. The approved economic development incentives agreement shall specify all applicable deviations from this adopted Development Code. 4. Approval by the City Council authorizes the City Manager to execute the agreement.

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Amended: November 3, 2021 San Marcos Development Code

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