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<br />, <br /> <br />tII <br /> <br />~ <br /> <br />Chapter 1 Development Procedures - Article 4 General Legislative Procedures <br /> <br />(d) Preparation and Negotiation of Agreement. Following approval of a petition for a <br />development agreement, the petitioner shall prepare an initial draft of the agreement <br />containing the elements required by Chapter 2, Article 2 of this Land Development <br />Code, and consistent with the City Council's approval of the petition. The draft shall <br />be accompanied by a land use plan for the proposed development that reflects the <br />Council's decision on the petition and conceptual development plan. The petitioner <br />shall transmit the draft agreement to the responsible official, who shall distribute the <br />agreement among appropriate departments of the City, the City Manager and <br />members of the Council subcommittee, if any. Following the conclusion of <br />negotiations on the agreement, the responsible official shall prepare a report to the <br />City Manager and the City Council summarizing issues that remain unresolved under <br />the draft agreement. <br /> <br />(e) Final Decision by Council and Acceptance by Property Owner. The draft agreement, <br />proposed land use plan and report shall be delivered to the City Council for a final <br />decision. The Council may accept, accept with modifications, or reject the proposed <br />development agreement, and may approve, conditionally approve or deny the land <br />use plan consistent with its decis,ion on the development agreement. If the Council <br />accepts the agreement, it shall approve the agreement by resolution that authorizes the <br />City Manager to execute the agreement on behalf of the City following execution by <br />the property owner. Unless a different time is specified in the resolution, the property <br />owner shall accept the development agreement and land use plan and execute the <br />agreement within ten working days of the date the resolution is adopted. If the <br />agreement is not accepted and executed by the property owner within such period, the <br />Council's acceptance of the agreement shall be deemed withdrawn. <br /> <br />(f) Recording Agreement. The approved development agreement shall be recorded in the <br />real property records of each county in which land subject to the agreement is located. <br /> <br />(g) Land Use Plan. The land use plan for the property shall be approved as an exhibit to <br />the development agreement and shall conform to the requirements in Chapter 2, <br />Article 2 of this Land Development Code. Thereafter, development applications for <br />the land subject to the development agreement shall be consistent with the land use <br />plan and shall be processed in accordance with the provisions in the agreement. <br /> <br />Section 1.4.2.5 <br /> <br />Criteria for Approval <br /> <br />(a) The following factors shall be considered by the Planning and Zoning Commission in <br />recommending and the Council in deciding whether to approve, conditionally <br />approve, or deny a petition for approval of a development agreement: <br /> <br />(1) The extent to which the proposed agreement and conceptual plan of <br />development meet the policies in Chapter 2, Article 2 of this Land <br />Development Code; and <br /> <br />City of San Marcos, Texas <br /> <br />1-45 <br /> <br />Land Development Code - Final <br />