Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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DEVELOPMENT PROCEDURES 1112 3. The City Council may attach conditions that assure that Section 2.4.4.5Expiration and Extension the approval criteria shall be implemented, including but not limited to conditions related to the scope of the A. Expiration. If a plat application (of any type) has not been development to be served,the timing of annexation, approved for the property to be served by a utility extension the timing of utility improvements or extensions needed within two years from the date of approval of the application for to provide adequate capacity to the development to be utility extension by the City Council,the approved application served,and provisions for financing the extensions. for a utility extension shall expire in accordance with Section 2.3.5.3. Section 2.4.4.4Criteria for Approval 1. If progress is made towards completion of the project A. In deciding the application for approval of a utility extension,the associated with the utility extension during the two-year Council shall consider: period, but after the progress is made, no further progress is made towards completion of the project associated with 1. Whether the location of the proposed development the utility extension for a period of two years,the approved to be served by the extension is consistent with the application for a utility extension shall expire. Comprehensive Plan; 2. In the event a plat application (of any type) subsequently 2. Whether the extension is proposed to be constructed in expires or is revoked,the approved utility extension accordance with the TCSS,the provisions of Chapter 86 of application shall likewise expire. the City Code, and all other applicable City regulations and standards; B. Extension.The City Council may extend the time of expiration for or reinstate an approved utility extension application, in 3. Whether it is feasible to annex the property, and any accordance with the procedures in Section 2.3.5.1. intervening property which is needed for utility rights-of- way,to the City in a timely manner; DIVISION 5= APPLICATION FOR WAIVER OR MODIFICATION OF 4. Whether the utility extension would compromise the City's DEVELOPMENT STANDARDS AS AN ECONOMIC DEVELOPMENT ability to timely provide adequate water or wastewater INCENTIVE facilities to property inside the City; 5. Whether the utility extension shall lead to premature Section 2.4.5.1 Purpose,Applicability and Effect development that cannot be served efficiently and timely A. Purpose.The purpose of a request for waiver of development by roadway, drainage or park facilities; standards is to determine whether the City wishes to authorize, as part of the approval of a request for economic development 6. Whether the utility extension is financially feasible given incentives, alternative standards or criteria for approval for the proposed means of financing the extension; development applications related to a specific project within the 7. Whether the utility extension shall lead to significant city limits or extraterritorial jurisdiction, in order to support and degradation of water quality or other environmental implement the City's adopted economic development program. resources, either from construction of the water or B. Applicability.A waiver or modification of development wastewater improvements, development of applicant's standards may be approved only for projects approved by the land, or development of other land that may be served City Council under the city's economic incentives policy. through the extended facilities; and 1. A waiver or modification may not be granted pursuant 8. Whether the applicant proposes to extend wastewater to this Division 5 for a waiver or modification of the facilities without utilizing city water facilities. environmental standards in Chapter 6 of this Development Code. 246 Amended: September 1, 2020