Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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DEVELOPMENT PROCEDURES rn A for the land subject to the development agreement shall be 8. The schedule of annexation proposed in the agreement consistent with the land use plan and shall be processed furthers the City's policies on expansion and growth of the in accordance with the provisions in the agreement. City; 6. Unless a different time is specified in the resolution,the 9. The agreement does not creates future barriers to property owner shall accept the development agreement annexation of land contiguous to the area subject to the and land use plan and execute the agreement within agreement; ten(10) business days of the date the resolution is adopted. If the agreement is not accepted and executed 10. The agreement does not promote economic development by the property owner within such period,the Council's that undermines or inhibits economic development acceptance of the agreement shall be deemed withdrawn. within the city center or other economic centers of the community; and Section 2.4.3.6 Criteria for Approval 11. The proposed agreement furthers the public health, safety A. The following list of criteria for review and recommendations and general welfare. regarding a proposed development agreement are not all-inclusive. Review and recommendations of proposed Section 2.4.3.7 Expiration, Extension,Amendment and development agreements should consider whether: Termination of Agreement 1. Development of the property under the proposed A. Expiration.The development agreement shall expire on the agreement and land use plan implement the policies of the date that its term ends.The conceptual plan of development Comprehensive Plan; governing development of the property shall expire on that date, except for any land that is subject to an approved or 2. Extension of public facilities and services to the property pending development application that remains in effect for the under the agreement do not compromise the City's ability property. to timely provide adequate public facilities to property inside the City; B. Extension.The development agreement and land use plan may be extended for additional periods under the terms of the 3. Extension of public facilities and services to the property agreement. Extension of development applications on land under the agreement do not degrade environmental subject to the agreement shall be in accordance with this resources; development code, or as provided in the agreement. 4. Water quality impacts arising from the proposed C. Amendment.The development agreement and land use plan development are mitigated by measures provided in the may be amended from time to time under the procedure for development agreement; approval of an application for a development agreement. 5. The agreement furthers the creation or expansion of other D. Termination.The development agreement and land use plan utility providers to the City's detriment; may be terminated for breach of the agreement or other reasons in accordance with its terms. 6. The agreement authorizes the application of the City's zoning and development standards to the uses proposed, DIVISION 4: APPLICATION FOR UTILITY EXTENSION which otherwise could not be applied to the proposed development; Section 2.4.4.1 Purpose, Applicability, Effect, Universal 7. The agreement authorizes the City to recoup the costs of Procedures Capital Improvements provided to the development while it A. Purpose.The purpose of an application for approval of a utility remains in the Extraterritorial Jurisdiction; extension shall be to determine whether the City wishes to Adopted April 17,2018 San Marcos Development Code 2:23