Res 2023-020 approving a first amended and restated Development Agreement with Franklin Mountain San Marcos 1, LP, in connection with the Development Case No. PDA-22-07; SMART Terminal

Home Browse Search

I with the modifications in this Agreement, pursuant to the City's Development Code, as that code exists on the effective date of this Agreement, subject to the modifications set forth herein, and generally in accordance with the Conceptual Land Use Plan, as more particularly described in Exhibit "B" attached hereto (The Project); and WHEREAS the City g is authorized to make and enter into this Agreement with Owner in accordance with SUBCHAPTER G CHAPTER 212 LOCAL GOV ERNMENT CODE and Chapter 2, Article 4, Division 3 of the San Marcos Development Code, to accomplish the following purposes: A. Extend the City's planning authority in accordance with the Conceptual Land Use Plan and the development regulations contained herein under which certain uses and development of the Property is authorized; and B. Authorize enforcement by the City of municipal land use and development regulations, as required and/or authorized by San Marcos Development Code ("SMDC"), as applicable, to the extent the same are consistent with the development regulations contained herein and in the same manner the applicable regulations are enforced within the City's municipal boundaries; and C. Provide the terms of annexation of the Property; D. Provide for an estimated 2,017 acres of commercial 1 industrial development; and E. Pursuant to Section 2.4.3.1 of the SMDC, to prescribe land uses, environmental standards, development standards, and public facilities standards governing the Property during the term of this Agreement. NOW THEREFORE, the City and Owner in consideration of the premises, the mutual covenants and agreements of the Parties hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, agree as follows: SECTION 1: GENERAL TERMS AND CONDITIONS I 1.01 Conceptual Land Use Plan A. The City hereby approves the general use and development of the Property in accordance with the Conceptual Land Use Plan, which is incorporated herein as Exhibit "B". The Conceptual Land Use Plan shall constitute the land use plan under Section 2.4.3.3 of the San Marcos Development Code ("SMDC"). The Conceptual Land Use Plan may be amended from time to time in accordance with the processes and procedures outlined in Section 2.4.3.7.0 of the SMDC or as stated in Sections 1.05 and 7.04 below. Development applications for the Property shall be consistent with the Conceptual Land Use Plan.